[Ord. 07-117, 11/13/2007, § 401]
The following standards shall be applied by the Township and
its staff in evaluating plans submitted for review and/or approval.
It is intended that these standards be considered the minimum requirements
and may be modified as necessary to protect the health, safety, and
general welfare of the public. All plans submitted for approval under
this chapter shall incorporate these standards.
[Ord. 07-117, 11/13/2007, § 402]
1. The following requirements and guiding principles for subdivisions
and land developments shall be observed with respect to the factors
affecting the suitability of the site for such development.
A. The land development plan and guiding principles for subdivision
and land developments shall be observed with respect to factors affecting
the suitability of the site for such development.
B. A land development must be coordinated with existing land development
in the neighborhood so the entire area may be developed harmoniously.
C. Land proposed for land development shall not be developed or changed
by grading, excavating, or by the removal or destruction of the natural
topsoil, trees, or other vegetative cover unless provisions for minimizing
erosion and sedimentation are provided as required by the Pennsylvania
Department of Environmental Protection and the Adams County Conservation
District. The developer is responsible for obtaining approval and/or
permits from one or both of these agencies as required.
D. In a development where the average slope exceeds 15%, the Township
may require modifications to those regulations as may be recommended
by the County Conservation District or the Township Engineer.
E. In all developments, every precaution shall be taken to preserve
all natural and historic features determined to be worthy of preservation
by the Township. Examples of such features would include, but not
be limited to, wetlands, floodplains, large trees and stands of trees,
watercourses, historic areas and structures, scenic view, etc. To
ensure the protection of such features, the Township may require the
following additional information to be submitted.
(1)
A grading plan showing the existing and proposed ground elevations
relative to the features.
(2)
The accurate location of the features to be protected.
(3)
An explanation of the precautions to be taken by the developer
to protect such features.
F. Any plans for the alteration of a watercourse shall be incorporated
into the design plans and subject to approval by the Township, or
where necessary, the U.S. Army Corps of Engineers, and/or Pennsylvania
Department of Environmental Protection.
G. Land subject to hazards of life, health, or property as may arise
from fire, floods, disease, excessive noise, odor, falling aircraft,
or considered uninhabitable for other reasons may not be developed
unless the hazards have been removed or the plans show adequate safeguards
against them.
H. Except for a privately developed water body, developments adjacent
to a river, stream, or other significant body of water shall adhere
to the following standards.
(1)
No building may be located within 60 horizontal feet of the
edge of any watercourse or have a first floor elevation less than
three feet above the ordinary high water level of the watercourse.
(2)
Public access points shall be provided to the water body at
an interval of not less than one point in every 1/2 mile along the
shoreline.
(3)
No building or street may be erected in any area which is subject
to flooding or which has been designated as floodplain area unless
it is in strict compliance with related Township ordinances and regulations.
I. Where the lots in a subdivision are large enough for re-subdivision
or where a portion of the tract is not developed, suitable access
to these areas shall be provided.
J. In all instances when planning for development, it should be considered
if a future access should be provided to other lands for the purpose
of streets, utilities, or other facilities.
[Ord. 07-117, 11/13/2007, § 403]
1. General Standards. All streets proposed to be constructed within
the Township shall conform to the following general design requirements.
A. Streets shall be logically related to topography so as to produce
reasonable grades, satisfactory drainage and suitable building sites.
Finished elevation of proposed streets shall not be more than one
foot below the regulatory flood elevation. The Township may require
profiles and elevations to ensure compliance. Also, drainage structure
openings shall be sufficient to discharge flood flows without duly
increasing flood elevations or creating a backwater situation onto
adjacent properties.
B. Proposed streets, including functional classification shall be planned
with regard to the existing street system, topographical conditions,
public convenience in terms of fire protection and pedestrian traffic,
probable volumes of traffic, existing and proposed use of land on
abutting properties and future extensions of the street system. Functional
classification shall be as indicated in the Cumberland Township Comprehensive
Plan or as recommended by the Township Engineer and/or Traffic Engineer.
C. When a subdivision abuts or contains an existing or proposed primary
or secondary highway, the Township may require a marginal access street,
reverse frontage, reduction of the number of intersections and/or
separation of local from through traffic or other treatment which
will provide protection for abutting properties.
D. No street shall terminate into a dead end. Any street dead ended
for access to adjoining property or because of authorized staged construction
shall be constructed in such a manner so as to provide a length which
complies with the standards for cul-de-sac streets and shall be provided
with a temporary paved turnaround and the use of such a turnaround
shall be guaranteed to the public until such time as the street is
continued. For streets in which the maximum length of a cul-de-sac
will be exceeded due to proposed phasing limits of a development,
in addition to a temporary cul-de-sac, the Township may require that
additional length of street as necessary to connect to other existing
street or accesses be financially secured.
E. New private streets are prohibited unless the Board of Supervisors
shall determine that the use of such private streets or rights-of-way
is consistent with this chapter. In approving private streets or rights-of-way,
the Township may attach additional standards and/or conditions relating
to design and/or construction. The use of private streets will not
be allowed when its use is to circumvent the specifications required
for public streets. In the case where private streets shall be permitted
a bona fide association shall be created which shall be responsible
for ownership and maintenance of the private street and a copy of
such association by laws should be reviewed by the Township and be
recorded with the final plan. Private streets shall be designed and
constructed to meet the requirements of this chapter.
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In the event a street which is open for public travel but will
not be offered for dedication to the Township is to be allowed, in
addition to complying with all Township design and construction standards
for public streets, the developer will be required to submit for approval
and record with the approved final plan, an agreement outlining the
responsibilities for perpetual maintenance of the street which also
shall release the Township of any liability regarding maintenance
and acceptance of dedication. In addition, the Township shall reserve
the right to require improvement bonding, surety, and inspection in
accordance with the procedures of this chapter.
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F. The proposed street system shall extend existing or recorded streets
at the same width or at widths required by this chapter as determined
by the Township, but in no case at less than the required minimum
width.
G. The Township shall reserve the right to require alternate design
standards relative to cartway, horizontal and vertical curves, and
intersections where it is determined to be necessary to eliminate
a potential safety hazard. Alternate design standards shall be as
recommended by the Township Engineer in accordance with PennDOT and
AASHTO Standards.
H. Where required, in response to safety considerations, and upon consultation
with the Township Traffic Engineer, access to developments shall be
either be limited to single or required to have multiple accesses.
I. Where a proposed subdivision or land development is provided access
by a single street, the Township may require a boulevard style meeting
the design/construction standards contained in this chapter or as
recommended by the Township Engineer.
J. Unless otherwise allowed by the Township, site access for all developments
shall be analyzed in conjunction with a traffic study or site access
study and recommendations from the Township Traffic Engineer, and
where recommended, shall be provided with more than one means of access.
K. Applicants for a subdivision or land development abutting a state
route shall be responsible for obtaining approval of any proposed
improvements, and for obtaining a Pennsylvania Department of Transportation
highway occupancy permit.
L. If a proposed development utilizes an existing driveway and if the
development proposes a change in use which may impact driveway regulations,
a determination must be made to conclude if the preexisting driveway
will require modifications. Any necessary modifications must be consistent
with the regulations of this chapter.
M. Prior to final plan approval, applicants shall certify that title
to any street right-of-way is unencumbered by any liens or other obligations
and that no prior right-of-way has been granted. The Township may
require a title search.
2. Street Widths.
A. Minimum street right-of-way and cartway widths shall be as follows:
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Road Classification
|
Required Right-of-way
(feet)
|
Total Cartway Width
(feet)*
|
Designated Parking Lanes
|
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|
Arterial/ Collector
|
Criteria to be as determined by Township with minimum sixty-foot
required right-of-way, forty-foot cartway width and no parking lanes
|
|
Neighborhood Collector
|
60'
|
28'
|
None
|
|
Minor
|
50'
|
24'
|
None
|
|
Neighborhood
|
50'
|
30'
|
One Side
|
|
Street
|
50'
|
34'
|
Two Side
|
|
Alley
|
20'
|
12'
|
None
|
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Note: Refer to Exhibits for typical roadway details
|
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|
*
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Final width to be a recommended by the Township Engineer and/or
Traffic Engineer.
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B. Provision for additional street width or shoulder (right-of-way,
cartway, or both) may be required when determined to be necessary
by the Township to facilitate for aspects such as:
(1)
Public safety and convenience.
(2)
Traffic in commercial and industrial areas and in areas of high
density.
(3)
Widening of existing street where the width or alignment does
not meet the requirements of the preceding paragraphs.
(4)
Where topographic conditions require excessive cuts and fills.
(5)
When curbs will not be required.
(6)
To accommodate on-street parking.
(7)
Where a boulevard access is proposed or required.
C. In the case of a plan for a subdivision or land development fronting
on an existing public street of improper right-of-way and/or cartway
width, the developer shall provide the following:
(1)
Any required dedication of land for increasing the existing
right-of-way to meet the requirements of this chapter. The right-of-way
must be centered from the center line of the existing road.
(2)
Improvements of roadway to meet cartway, curb, sidewalk, gutters
or other standards of this chapter. In lieu of making such improvements,
the Township may at its discretion allow the developer to submit a
fee to cover the cost of any improvements that are necessary to improve
the existing roadway standards. The fee shall be based on an estimate
as recommend by the Township Engineer.
3. Street Grades. The grades of streets shall not be less than the minimum
or more than the maximum requirements listed below:
|
Types of Streets
|
Minimum Grade
|
Maximum Grade
|
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|
Arterial streets
|
As determined by the Township after consultation with the Pennsylvania
Department of Transportation.
|
|
Collector streets
|
1.0%
|
7.0%
|
|
Minor streets and alleys
|
1.0%
|
10.0%
|
|
Intersections
|
1.0%
|
4.0% (for 100' from intersection)
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A. In all differential grades exceeding 1%, vertical curves shall be
used in changes of grade and shall be designated for proper sight
distance.
B. On permission of the Township, minor street grade under special topographic
conditions may exceed 10% for distances of 100 feet or less provided
the grade does not in any case exceed 12%.
C. Standards for minimum and maximum grade refer to both positive and
negative grades.
D. All streets shall be designed so as to provide for the discharge
of surface water from the right-of-way. The slope of the crown on
a street shall not be less than 1/4 of an inch per foot and not more
than 3/8 of an inch per foot, as determined by the Township Engineer.
Where a curve is banked to reduce lateral vehicular acceleration as
required by the design speed of the road, the required crown is eliminated.
Adequate facilities shall be provided at all low points along the
street and other points necessary to intercept runoff.
4. Horizontal Curves.
A. Where connecting street lines deflect from each other at any point
the line must be connected with a true circular curve. Horizontal
curves must be justified by a traffic engineering analysis and shall
be based on a correlating maximum proposed speed limit. The minimum
radius of the center line for the curve must be as follows:
|
Type of Street
|
Minimum Radius
|
---|
|
Arterial
|
As determined following completion of traffic studies and consultation
with PennDOT and the Traffic Engineer
|
|
Collector
|
300 feet
|
|
Minor
|
150 feet
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B. Straight portions of the street must be tangent to the beginning
or end of the curve. Except for minor streets, there must be a tangent
of at least 100 feet between reverse curves. For curves on arterial
streets (or as otherwise determined by the Township Engineer), proper
super-elevation must be provided as required by the Township or the
Pennsylvania Department of Transportation.
C. The Township may require that Sight Easements be provided in order
to maintain adequate stopping sight distances.
D. The development must be provided with speed limit and other related
signs in which speeds have been determined by the required engineering
studies to be recommended for the horizontal curve design.
5. Vertical Curves.
A. Vertical curves are required where the algebraic difference exceeds
1% or as determined by the Township Engineer.
B. Proper sight distance shall be provided with respect to vertical
road alignments. The minimum sight distance measured along the center
line from (3.5) feet to height of an object (0.5) feet above grade
shall be as follows:
|
Type of Street
|
Sight Distance
|
---|
|
Arterial
|
As required by PennDOT design criteria for the posted speed
|
|
Collector
|
400 feet
|
|
Minor
|
250 feet
|
|
Alley
|
100 feet
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6. Cul-de-Sac Streets.
A. Cul-de-sac streets designed to be so permanently, shall not exceed
800 feet in length measured from the center line of the intersecting
street to the center point of said cul-de-sac. If a cul-de-sac street
intersects another cul-de-sac street, the maximum total length of
the sum of the streets shall not exceed 1,300 feet.
B. Culs-de-sac shall have a paved turnaround having a minimum diameter
of 100 feet and a legal right-of-way of 120 feet in diameter. Dimension
and/or layout is subject to change where, in the opinion of the Township,
a revised dimension and/or layout is necessary for reasons of safety,
maintenance, accessibility, construction, etc. Alternate cul-de-sac
dimensions may be allowed provided it is based upon a recognized standard
and has been reviewed and recommended by the Township Engineer and
Road Superintendent.
C. Temporary culs-de-sac shall be designed to standards of permanent
culs-de-sac.
D. Where required, a designated area shall be shown for disposal of
snow. Such area shall be provided with an easement acceptable to the
Township.
E. All cul-de-sac circles shall be graded to create a center high point
with all flow directed toward its edges.
7. Loop Roads.
A. In the case of a proposed loop road the maximum length, measured
along its center line from the intersection of a public street to
the beginning of the loop, shall be 800 feet.
8. Intersections.
A. No intersection shall involve the junction of more than two streets.
B. Right-angle intersections shall be used wherever possible. In no
instance, however, shall streets intersect at an angle of less than
75° or more than 105°. Intersections of two arterial streets
shall be subject to Pennsylvania Department of Transportation standards.
C. Intersections shall be improved on all sides by leveling areas. Such
leveling areas shall have the minimum length of 100 feet (measured
from the intersection of the center lines) within which no grade shall
exceed a maximum of 4%. Where a through street exists or is proposed,
the 4% leveling area may be waived pending review of the Township
Engineer.
D. Proper sight lines shall be provided and maintained at all intersections.
Measured along the street center line, there must be a clear sight
triangle of 75 feet. Where either of the two streets is a collector
street a clear sight triangle of 100 feet shall be required and where
either of the two streets is an arterial, a clear sight triangle of
150 feet shall be required. Within such triangles, no vision-obstructing
object shall be permitted.
E. Design of curb or edge of pavement must take into account such factors
as types of turning vehicles, likely speeds of traffic, angle of turn,
etc., but in no instance shall the radius of the curb or edge of pavement
be less than the following:
|
Intersection
|
Curve Radius
|
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|
Minor with Minor Street
|
25 Feet
|
|
Minor with Collector
|
30 Feet
|
|
Collector with Collector
|
35 Feet
|
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Where determined to be necessary due to speed considerations,
clear sight triangle side may increase. Increased values shall be
in accordance with PennDOT or AASHTO Standards.
|
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Safe sight distances shall be provided at all intersections.
Standards for design shall comply with AASHTO and the Pennsylvania
Department of Transportation whichever shall be most applicable as
determined by the Township Engineer.
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F. Street intersection spacing shall be based on a traffic engineering
analysis and shall be a function of street classification and proposed
design speed limit. The following table contains minimum recommended
intersection spacing. Such traffic engineering analysis shall be prepared
in accordance with ITE Traffic Engineering Handbook recommendations
and shall be subject to the review of the Township Engineer or Township
Traffic Engineer.
Type of Intersection (Distance in Feet)
|
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|
Arterial/ Arterial
|
Arterial/ Collector or Minor
|
Collector/ Collector
|
Collector/ Minor
|
Minor/ Minor (3)
|
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Min. Distance Separation (1)
|
800
|
800
|
600
|
500
|
250
|
Min. Distance Separation (2)
|
Must be in alignment
|
|
500
|
250
|
|
(1)
|
Minimum distance between center lines of intersections
|
(2)
|
Minimum center-line separation for streets where intersections
are on direct opposite sides of the intersecting street.
|
(3)
|
Internal development street intersections.
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9. Slope of Bank along Streets. The slope of banks along streets measured
perpendicular to the street shall be no steeper than the following:
A. One foot of vertical measurement for three feet of horizontal measurement
for fills.
B. One foot of vertical measurement for two feet of horizontal measurement
for cuts.
10. Partial and Half-Streets. The dedication of half-streets at the perimeter
of new developments is prohibited, except to complete existing half-streets.
11. Names of Streets. Names of new streets shall not duplicate or approximate
existing or platted street names, or approximate such names by the
use of suffixes such as "lane," "court," or "avenue." In approving
the names, consideration shall be given to existing or platted street
names within the postal delivery district served by the local post
office. New streets shall bear the same name or number of any continuation
or alignment with an existing street. All street names shall be subject
to Township approval.
12. Reserve Strips. Controlling access to streets by reserve strips is
prohibited except where their control is definitely placed in the
Township under control approved by the Township. A reserve strip is
a parcel of ground in separate ownership separating a street from
other adjacent properties or from another street.
13. Alleys.
A. Alleys are permitted in single-family, detached or semi-detached
residential development to provide access to the rear of lots that
have frontage on a public minor, collector, or arterial street. Alleys
shall be permitted provided that they are not proposed to be dedicated
to the Township and that the developer must make adequate provision
for the perpetual maintenance of the alley. The applicant shall in
addition, provide for an easement enabling the Township to perform
emergency maintenance in the event that the property owner should
fail to do so and shall establish a procedure whereby the Township
shall be able to assess the cost of such emergency maintenance upon
the land owner.
B. While the use of dead end alleys is generally discouraged, where
alleys do dead end, they shall be provided with a Township approved
turnaround conforming to one of the standard Township cul-de-sac street
exhibits.
C. Intersection involving alleys shall be provided with a minimum radius
of 10 feet.
14. Alternate Design Criteria for Low-Volume Roads.
A. Subject to the recommendation of the Township Engineer, the following
alternate criteria may be permitted for minor/local streets located
within proposed subdivisions and land developments in which the streets
are not proposed to be dedicated to the Township. These streets shall
generally have an estimated ADT (average daily traffic) volume of
1,500 vehicles per day or less. The proposed ADT shall be determined
by a traffic impact study or site access study. Alternate standards
must be supported by AASHTO or other recognized standard. The following
standards shall apply:
(1)
For greater speeds a specific design and traffic study shall
be submitted for review and recommendation by the Township Engineer.
|
|
Design Speed
(mph)
|
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|
|
15
|
20
|
25
|
30
|
|
Minimum (no parking)
|
20'
|
20'
|
20'
|
20'
|
|
Cartway (parking 1-side)
|
28'
|
28'
|
28'
|
28'
|
|
Width (parking 2-sides)
|
34'
|
34'
|
34'
|
34'
|
|
Minimum Center-line Radius
|
45'
|
90'
|
165'
|
260'
|
|
Safe-Stopping Sight Distances
|
80'
|
115'
|
155'
|
200'
|
|
Minimum Rate of (Sag)
|
10
|
17
|
26
|
37
|
|
Vertical Curvature (Crest)
|
3
|
7
|
12
|
19
|
|
Curb Radii
|
15'
|
15'
|
15'
|
15'
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B. Culs-de-sac without center islands shall have a turnaround diameter
of 60 feet while culs-de-sac with center islands shall have a minimum
diameter of 90 feet and minimum travel lanes of 20 feet. Rights-of-way
shall extend a minimum of 10 feet from the edge of pavement.
C. Design criteria not specifically addressed in this section shall
be in accordance with the general road design standards set forth
in this section.
D. Provisions for additional street width (right-of-way, cartway, shoulders
etc.) may be required when determined to be necessary by the Township
in specific cases for:
(1)
Public safety and convenience.
(2)
Traffic in commercial and industrial areas and in high-density
residential development.
(3)
Widening of existing streets where the width does not meet the
requirements of the preceding paragraphs.
(4)
Where topographic conditions require excessive cuts and fills.
[Ord. 07-117, 11/13/2007, § 404]
1. Off-street vehicular parking facilities shall be provided in accordance with the Cumberland Township Zoning Ordinance [Chapter
27].
A. For uses which are not addressed in the Zoning Ordinance [Chapter
27], the required parking spaces shall be based on a study as prepared by the developer and approved by the Township Engineer. The study shall address the following:
(1)
The type of use and estimated number of trips generated during
peak conditions (inbound and outbound).
(2)
Estimated parking duration per vehicle (turnover rate).
(3)
Based on estimated number of trips generated and average parking
duration per trip, calculate the number of spaces required. In addition,
one space shall be provided for every two employees working during
the maximum shift.
[Ord. 07-117, 11/13/2007, § 405]
1. Residential Driveways. Access to any public street or highway in
a residential area shall be governed by the following:
A. Within 10 feet of a street right-of-way line, an access drive may
not exceed 20 feet in width nor be less than 12 feet in width.
B. The number of access drives on a street frontage, may not exceed
two per lot.
C. An access drive or driveway may not cross a street right-of-way line:
(1)
Within 40 feet of the right-of-way line of an intersecting street
when entrance is from an arterial street.
(2)
Within 35 feet of the right-of-way line of an intersecting street
when entrance is from a collector street.
(3)
Within 25 feet of the right-of-way line of an intersecting street
entrance is from a minor street.
(4)
Within 15 feet of a fire hydrant.
(5)
Within 40 feet of another access drive on the same property.
(6)
Within five feet from the edge of a storm drain inlet.
(7)
Separation of driveways from property lines shall be as specified in the Cumberland Township Zoning Ordinance [Chapter
27]. In instances where it is not specified within the Zoning Ordinance [Chapter
27] the minimum separation shall be five feet from a property line (except for common access to two driveways).
D. The drive may not exceed a slope of 5% within 25 feet of the street
right-of-way lines. Where a drive enters a bank through a cut, the
shoulders of the cut may not exceed 50% in slope within 25 feet of
the point at which the drive intersects the street right-of-way.
E. All driveways shall have a minimum safe sight distance in accordance
with the Pennsylvania Department of Transportation Rules and Regulations.
Furthermore, all driveways which access Township roads shall be required
to obtain a driveway permit from Cumberland Township. Plans shall
indicate the following information:
(1)
Minimum (limiting) sight distances along each proposed lot,
where applicable.
(2)
The location of proposed driveways.
(3)
Field verified slopes along the road in both directions from
each lot.
(4)
Speed limit of existing road in each direction.
(5)
Location of trees and other visual obstructions which affect
sight distances.
F. Width, turning radius, and slope requirements shall also conform
to Chapter 441 of the Pennsylvania Department of Transportation Rules
and Regulations.
G. The minimum angle between the center line of the driveway and the
street shall not be less than 65°.
H. A clear sight triangle of 75 feet measured along the street and 10
feet into the driveway center line shall be maintained. Permanent
obstructions other than mail boxes and utility poles shall be prohibited.
I. All accesses shall be provided with a drainage culvert or gutter/swale
as determined following consultation with the Township Road Superintendent.
The minimum size of the pipe, unless otherwise approved, shall be
15 inches in diameter or equivalent open area arch/elliptical pipe
and constructed of polyethylene (dual wall, smooth lined) or concrete.
The site grading or stormwater management plan for a proposed development
or building lot shall include calculations for sizing of access driveway
culverts. Drainage structures within the Pennsylvania Department of
Transportation (PennDOT) right-of-way (where applicable) shall be
subject to the review and approval of the PennDOT.
J. To prevent drainage and erosion problems and to minimize future maintenance,
access driveways shall be surfaced with a stabilized material within
the public street right-of-way.
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Where access is to a paved roadway, driveways shall be surfaced
with bituminous or concrete material within the legal right-of-way.
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K. In the event that an access drive will serve more than one residence,
more stringent standards may be applied pending review and recommendation
of the Township Engineer.
L. Driveways shall be constructed so that motorists are not required
to back on to the roadway.
2. Joint-Use Residential Driveways.
A. A joint-use driveway may serve up to three lots containing single-family
dwellings.
B. All joint use driveways shall have a minimum cartway width of 16
feet.
C. Joint-use driveways shall be designed in accordance with Subsection
1 of this section with the exception of Subsection 2A and B above.
D. Cross access easements shall be required to ensure common use of,
access to, and maintenance of, joint-use driveways; such easements
shall be recorded in language acceptable to the Township Solicitor,
and depicted on the subdivision plan.
3. Multifamily, Commercial and Industrial Access Drives. Access drives to any public street or highway in the case of a multi-family commercial or industrial development shall at a minimum conform to the standards for residential access drives, with the exception that all commercial or industrial drives shall be paved (at full width) with a bituminous material meeting the design criteria of a minor street (§
22-403). Additional standards shall be as follows:
A. All access ways to any public street or highway shall be located
at least 200 feet from the intersection of any two street right-of-way
lines, and shall be designed in a manner conducive to safe ingress
and egress. Where practicable, exits shall be located on minor, rather
than major streets or highways.
B. No design shall be approved which is likely to create a traffic hazard
which has the potential to endanger public safety. Safety requirements
which may be imposed in such a review shall include traffic control
devices, acceleration or deceleration lanes; turning lanes, traffic
and lane markings, and signs. The developer shall be responsible for
the construction of any such traffic control devices which shall meet
PennDOT approval.
C. A clear sight triangle meeting the requirements of §
22-403, Subsection
8, shall be provided.
D. A detailed design and drawing showing grades, drainage and geometric
design elements shall be provided.
E. All design standards of the Pennsylvania Department of Transportation,
as may be amended, are hereby incorporated into this section of this
chapter.
[Ord. 07-117, 11/13/2007, § 406]
1. General. The length, width, and shape of blocks shall be determined
with due regard for:
A. The provision of adequate sites for buildings of the type proposed.
C. Any other codes, plans and ordinances.
D. Requirements for safe and convenient vehicular and pedestrian circulation,
including the reduction of intersections with major streets.
2. Block Length.
A. Blocks shall have a maximum length of 1,600 feet and a minimum length
of 800 feet, provided that the Township Planning Commission or Township
Supervisors may increase the maximum and/or decrease the minimum length
of blocks if the opinion of either body, topography of the land in
question and/or surface water drainage condition warrant such a change.
B. In the design of blocks longer than 1,000 feet, special consideration
shall be given to the requirements of satisfactory fire protection.
C. Where practical, blocks along major and collector streets shall not
be less than 1,000 feet long.
3. Pedestrian Crosswalks.
A. Crosswalks shall be required wherever necessary to facilitate pedestrian
circulation and to give access to community facilities.
B. Such crosswalks shall have a width of not less than six feet and
a paved walk of not less than four feet. At a minimum all crossings
shall be constructed to comply with the Americans with Disabilities
Act of 1990 (or as most recently amended).
C. Crosswalks in mid blocks shall be provided with warning devices.
The Township may also require that the developer provide the necessary
engineering studies to justify the placement of crosswalks.
D. Where necessary to facilitate pedestrian circulation, rights-of-way
with a minimum width of 12 feet shall be provided.
4. Block Depth. Residential blocks shall be of sufficient depth to accommodate
two tiers of lots, except:
A. Where reverse frontage lots are required along a major street.
B. Where prevented by the size, topographical conditions or other inherent
conditions of property, in which case the Township may approve a single
tier of lots.
5. Commercial and Industrial Blocks. Blocks in commercial and industrial
areas may vary from the elements of design detailed above if required
by the nature of the use. In all cases however adequate provision
shall be made for off street parking and loading areas as well as
for traffic circulation and parking for employees and customers.
[Ord. 07-117, 11/13/2007, § 407]
1. General Standards.
A. The size, shape and orientation of lots shall be appropriate for
the type of development contemplated. Insofar as practical, side lot
lines shall be at right angles to straight street lines or radial
to curved street lines.
B. Where feasible, lot lines shall follow municipal boundaries rather
than cross them, in order to avoid jurisdiction problems.
C. Generally, the depth of residential lots shall not be less than one
nor more than 2 1/2 times their width.
D. Where the lots in a subdivision are large enough for re-subdivision
or where a portion of the tract is not developed, suitable access
to these areas shall be provided.
E. Depth and width of parcels intended for nonresidential uses shall
be adequate for the use proposed and sufficient to provide satisfactory
space for on-site parking, loading and unloading, setbacks, landscaping,
etc.
F. If after subdividing, there exists remnants of land they shall either
be incorporated into existing or proposed lots, or legally dedicated
to public use, if acceptable to the Township.
G. No lots shall be created in any manner whatsoever which does not
meet the minimum requirements of this or any other Township ordinance.
H. Where dictated by topography, location, sewage disposal requirements,
or other such conditions, the Township may require that the minimum
lot size be increased. In such case, lot sizes within a subdivision
may vary, provided Township approval is secured.
2. Lot Frontage.
A. All lots shall front upon a dedicated public street (existing or
proposed), or upon an approved private street constructed to the Township's
specifications and ordinances.
B. Double or reverse frontage lots are prohibited except where required
to provide separation of residential development from major streets
or to overcome specific disadvantages of topography, orientation,
location or to allow access to a lower volume street as approved by
the Township.
C. All residential reverse frontage lots shall have a planting screen
easement parallel to the accepted rear lot line and 20 feet in width
across which there shall be no right of access.
3. Lot Soils Evaluation Tests.
A. Soil probe and percolation tests shall be performed for each lot
of a proposed subdivision wherein buildings at the time of construction
will not be connected to an existing public sewage disposal system.
Each lot must be found satisfactory for on-site sewage disposal including
an acceptable reserve or back-up area prior to the approval of the
preliminary plan.
B. The soils tests called for above shall be performed in accordance
with the regulations of the Pennsylvania Department of Environmental
Protection. The Township Sewage Enforcement Officer will perform the
tests and certify the results.
C. A planning module for land development for any new subdivision or
land development shall be prepared by the developer and approved by
the Township and the Pennsylvania Department of Environmental Protection
prior to the approval of the preliminary plan.
4. Lot Sizes, Building Setbacks, and Standards. Lot dimensions, sizes, and building setback requirements shall not be less than specified by the applicable Zoning Ordinance [Chapter
27] or as dictated by this chapter as it relates to on-site sewage disposal or additional standards, whichever shall be more restrictive.
A. For condominium units the developer shall submit the following for
review and approval by the Township:
(1)
A declaration plan in accordance with Act 117 of 1963, the Unit
Property Act. All condominiums shall be subject to the provisions
of the Unit Property Act. The declaration and declaration plan must
be recorded along with the final plan in the County Records Office.
(2)
An agreement or by-laws which outline the responsibilities of
the property owner, developer and condominium association. The agreement
shall address the items as required by statute and those items related
to parking, maintenance of common areas, storm drainage, sewer, water,
utilities, nuisances, solid waste and other items as required. The
agreement shall be subject to review and recommendation of the Township
Solicitor and/or Engineer (as applicable).
(3)
Condominium developments shall meet design requirements of this
chapter.
B. For industrial developments no design shall be approved which does
not conform to appropriate federal, state, regional, and local standards
relative to water and air pollution, particle emission, noise, electrical
disturbances, waste disposal, light, glare, heat, vibration, radioactivity,
and outdoor storage of materials:
(1)
Fire and explosive hazards as governed by the Department of
Labor and Industry and the laws of the Commonwealth of Pennsylvania.
(2)
Liquid and solid wastes as governed by the Pennsylvania Department
of Environmental Protection.
(3)
Smoke as governed by the Pennsylvania Air Pollution Control
Commission.
(4)
Other forms of air pollution as governed by the United States
Environmental Protection Agency.
(5)
All applicable environmental permits must be obtained and copies
submitted to the Township prior to preliminary plan approval.
C. Water and sewer facilities shall be public systems or approved private
systems. No individual on-site systems shall be approved for attached
row, townhouse, or condominium units.
D. For attached row, or townhouse units a permanent easement shall be
provided where the rear property line abuts any property other than
a street for the purpose of nonvehicular ingress and egress by center
property owners. Minimum width of said easement shall be five feet.
Vehicular access shall be included in such easement for maintenance
purposes; in which case, access width shall accommodate a vehicle
(minimum). In cases where vehicular access will be required, a minimum
of 10 feet in width shall be required.
5. Unique Lots.
A. Panhandle, wedge, corner, or double frontage lots shall only be developed as allowed by the Cumberland Township Zoning Ordinance [Chapter
27].
[Ord. 07-117, 11/13/2007, § 408]
1. Easements shall be provided for drainage facilities, overhead or
underground public and private utility facilities in consultation
with the Township Engineer, the electric, telephone, sewer and water
utilities, the Pennsylvania Department of Transportation, and the
applicable municipal authority. No structures or trees shall be placed
within such easements.
A. The minimum width of such easements shall be 20 feet for drainage,
sewer and water facilities and underground utilities and 10 feet for
overhead utilities. Larger widths may be required as recommended by
the Township Engineer.
B. Wherever possible such easements shall be centered on the side or
rear lot lines, or along the front lot lines.
2. Where a subdivision or land development is traversed by a watercourse,
drainage way, channel or stream, there shall be provided a drainage
easement, width to be as determined by the Township Engineer, conforming
substantially to the line of such watercourse, drainage way, channel
or stream and of such width as will be adequate to preserve the unimpeded
flow of natural drainage or for the purpose of widening, deepening,
relocating, improving or protecting such drainage facilities or for
the purpose of installing a storm sewer. Access easements shall also
be required.
A. Also, where a land development or subdivision is traversed by a watercourse,
stream, channel or other drainage way, the developer shall provide
a drainage easement conforming substantially to the existing alignment
of the drainage way. The easement shall be a width adequate to:
(1)
Preserve the unimpeded flow or natural drainage.
(2)
Widen, deepen, relocate, improve or protect the drainage way.
(3)
Install a stormwater sewer.
(4)
Accommodate a one-hundred-year design storm.
B. Any changes in an existing watercourse, stream, channel or other
drainage way shall be approved and a permit issued by the PaDEP, Dams
and Encroachment Division, or its successor agency. Notification of
permitted changes shall be forwarded by the Township to all affected
adjacent communities, the Pennsylvania Department of Community Affairs,
or its successor agency, and the Federal Insurance Administration.
C. Under no circumstances shall any watercourse be altered such that
the carrying capacity of the stream is reduced.
3. Electric, telephone and all other utility facilities shall be installed
underground unless conditions require otherwise. The developer shall
be required, prior to final plan approval, to obtain a letter from
the appropriate utility company confirming that the developer has
entered into an agreement to provide for an underground electric and
telephone system in accordance with the Pennsylvania Public Utility
Commission Investigation Docket #99, as amended, or has obtained a
waiver from said Pennsylvania Public Utility Commission to allow overhead
electric and telephone facilities.
4. Drainage easements shall be required between all lots within a subdivision.
They shall be centered on property lines wherever possible. Such easements
shall preserve the unimpeded flow of natural drainage or provide for
the construction of drainage facilities. In no case shall they be
less than 20 feet in width.
5. Petroleum, Gas and Electric Transmission Lines. Where any petroleum,
petroleum products, natural gas or electric transmission line traverses
a land development, the developer shall confer with the applicable
transmission or distribution company to determine the minimum distance
which shall be required between each structure and the center line
of such transmission line. Transmission line rights-of-way shall not
be permitted to be included within residential lots. Furthermore,
all land grading and development activities proposed near such facilities
shall be minimized to the greatest extent possible.
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Additionally, the Township will require, with the preliminary
plan application, a letter from the owner of the transmission line
stating any conditions on the use of the tract and the right-of-way
width, or a copy of the recorded agreement, which shall contain the
above data.
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6. Flood Proofing of all Utilities. All new or replacement public and/or
private utilities and facilities in flood-prone areas shall be elevated
or flood-proofed up to the regulatory flood elevation.
7. No company intending to install any petroleum products or natural
gas transmission line shall be allowed to construct the line on less
that a fifty-foot right-of-way, such line to be installed in the center
of the right-of-way for all existing transmission lines within the
development.
8. Where necessary to access to public or common lands, a pedestrian
easement shall be provided with a width of no less than 10 feet. Additional
width may be required by the Township depending on the purpose and
the use of the easement.
9. In the case of sanitary sewer and water lines, the required right-of-way
or easement should be as required by the applicable authority.
[Ord. 07-117, 11/13/2007, § 409]
1. General. No land or parcel of land within the Township shall be graded
or filled by any landowner, developer or subdivider unless and until
there has been compliance under the provisions of this chapter.
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(In the case of a subdivision and land development, the grading
plan shall be submitted, reviewed, and approved as part of the preliminary
plan process). The land grading plan shall be subject to the review
and approval of the Township Engineer in accordance with his or her
recommendations and applicable local, state, and federal guidelines.
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2. Applicability. The provisions of this section shall apply if the
following conditions apply:
A. A subdivision or land development in which improvements such as drainage,
stormwater management, streets, buildings, etc.
B. Land is to be graded or filled to alter the existing contours more
than an average of two feet in elevation over any area in excess of
5,000 square feet.
C. Land is to be filled to a depth of five feet or more over any area
in excess of 1,000 square feet.
D. Land is to be graded or filled within an existing watercourse (whether
an intermittent or flowing stream or any normally dry swale which
carries any amount of water during rainfall).
E. Where site grading plans are required as part of the building permit
process, the standards and requirements of this section shall apply.
3. Approval of Land Grading Plan. The land grading plan and all information
and procedures relative thereto, shall in all respects be in compliance
with the provisions of this section.
4. Drawing Requirements for Land Grading Plan. At a minimum, the following
data shall be shown on the land grading plan.
A. The plan shall be prepared and certification made as to its accuracy
by a registered surveyor or registered professional engineer.
B. Property boundary consistent with the requirements for a preliminary
plan under this chapter.
C. Location and description of bench mark to which contour elevations
refer.
D. Existing and proposed topographic contours of the area to be graded
or filled at contour intervals of no more than one foot. Spot elevations
should be provided where flow direction cannot be properly determined
by the required contour interval.
E. All existing watercourses within 500 feet of the area to be graded
or filled, whether on land owned by the applicant or by others, shall
be shown on the plan.
G. Location and identification of all existing and proposed public and
private easements. All structures should include first floor elevations.
H. Location of all existing and proposed structure, roads, utilities,
parking areas, and development appurtenance.
I. Existing and proposed street names.
J. All proposed temporary and permanent erosion and sediment control
and stormwater management facilities.
K. A limit of disturbance line.
L. Construction staging narrative.
M. Detail drawings and specifications for all temporary and permanent
erosion and sediment control and stormwater management facilities.
N. All supporting calculations, documentation, and manufacturer's
literature.
O. Storm drainage calculations as may be required by the Township Engineer.
5. Additional Drawing Requirement for Land Grading Plan. In addition
to the drawing requirements previously stated, the following data
shall be provided on the land grading plan.
A. The plan shall be drawn to scale of not less than one inch equals
50 feet, shall indicate the magnetic north point, and owner's
name and address.
B. Abutting property lines and the names of abutting landowners.
C. In cases of heavily wooded areas, the outline of the wooded areas
and the location of trees which are to remain shall be shown.
D. In areas which are anticipated to experience seasonal high water
table conditions, grading and drainage provisions should be provided
for anticipated basement sump pump discharges.
E. A location map at a scale not smaller than one inch equals 2,000
feet shall be drawn showing:
(1)
Relation of tract to adjoining property.
(2)
Municipal boundary lines, if present.
(3)
Related road and highway system within 1,000 feet of tract.
F. Statement that the applicant is the owner, equitable owner or authorized
by the owner in writing to make application for the proposed land
grading.
H. Residential driveway notes from §
22-405, Subsection 1A, B, C and D.
6. Construction Requirements.
A. Fill. Fill shall not contain boulders or fractured rock or broken
concrete over one foot in largest dimension, or any organic material,
trash, garbage, or broken asphalt paving. Fills of more than five
feet deep shall be compacted while being placed by a method approved
by the Township Engineer.
B. Slopes. All constructed slopes shall not exceed the following:
(1)
Cut slopes in earth - two horizontal, one vertical feet.
(2)
Cut slopes in rocks - one horizontal, one vertical feet.
(3)
Fill slopes - three horizontal, one vertical feet.
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Slope limitations and allowances are subject to change pending
review of the Township Engineer. The Township reserves the right to
make limitations more stringent where public safety or protection
of waterways, streets, and slopes are involved.
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C. All grading must also meet the requirements of §
22-507 of this chapter.
7. Other Requirements.
A. During grading operations, necessary measures for dust control must
be exercised.
B. Grading equipment shall not be allowed to cross streams. Provisions
shall be made for the installation of temporary or permanent culverts
or bridges.
C. No work will be allowed to commence until all applicable permits
and approvals have been obtained. Where deemed necessary by the Township
or state/federal law, the Adams County Conservation District must
approve the grading plan.
D. Steep slope areas shall be preserved in their natural state whenever
possible.
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Where construction of roads, buildings, driveways, or infrastructure cannot be avoided, disturbance shall be kept to the minimum area necessary and shall comply with § 27-1103, "Steep Slope Protection," of the Zoning Ordinance [Chapter 27].
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E. A pre-construction walk-through is required prior to clearing and
grubbing operations to physically delineate the limits of disturbance
for areas near trees, tree groves, slopes, streams, floodplains, wetlands,
etc.
8. As-Built Plans.
A. Where detailed grading plans are required for a specific structure
an as-built plan shall be required. Approval of the as-built plan
is required prior to receipt of a use and occupancy permit or release
of financial surety (whichever is applicable).
B. As-built plans shall be provided at two stages of construction:
(1)
A written certification shall be provided at such time as the
footing of the structure is completed to document the elevation of
the structure (top of block elevation).
(2)
A plan submission shall be made upon completion of the building
and finished grading.
C. Contents of the as-built plan shall be as required herein for as-built
plans. Tolerances shall be as provided by the Township Engineer.
[Ord. 07-117, 11/13/2007, § 410]
1. Design of all sewage disposal systems shall be subject to review
and approval of the Township as follows:
A. In the case of on-site sewage disposal systems, testing, design,
permitting, and installation shall be in accordance with applicable
Township ordinances and rules and regulations of the Pennsylvania
Department of Environmental Protection. Review and approval shall
be by the Township Sewage Enforcement Officer.
B. In the case of central sanitary sewer systems and wastewater treatment
facilities which are to be privately owned, the design plans and specifications
shall be subject to review of the Township, as part of the subdivision
or land development plan process. Design criteria shall be that of
PaDEP and as supplemented by the Township and/or authority. Review
and approval of the sanitary sewer system plans by the Township is
required for preliminary plan approval. Review and approval of the
wastewater treatment facility plans by the Township is required for
final plan approval. Following approval of the Township, the developer
is required to obtain approval from the Pennsylvania Department of
Environmental Protection. Final plan approval will not be granted
until the developer submits copies of all applicable permits.
C. In the case of sanitary sewer systems and wastewater treatment facilities
which are to be dedicated to the public, review and approval of design
plans and specifications shall be by the applicable municipal agency
or the Township in accordance with their rules and regulations. Review
and approval of plans and specifications by the Township and/or applicable
municipal authority shall be part of the subdivision or land development
plan process. Review and approval of the sanitary sewer system by
the Township is required for preliminary plan approval. Review and
approval of the wastewater treatment facility by the Township is required
for final plan approval. Final plan approval will not be granted until
the developer submits copies of all applicable permits from PaDEP
[or] other government agencies.
D. The Township may require a complete feasibility study at either preliminary
or final plan stage in which case the following additional requirements
shall apply:
(1)
Where there is an existing public sanitary sewer main within
1,000 feet, measured in straight-line distance from the terminus of
the system to the nearest tract line of the development, and adequate
treatment capacity is available, a complete sanitary collection system
shall be installed and connected by the developer to the existing
public sanitary sewer system. Prior to obtaining final subdivision
and land development approval, approval to connect or hook onto the
system must be obtained. Said approval shall be noted on the plan.
If adequate treatment capacity is not presently available, the Township
may require an agreement where the property would be required to connect
at such time as capacity is available.
(2)
For any plan proposing a privately owned community sewage system,
the developer shall submit with the sewage facilities planning module
a proposed agreement for review and approval by the Township Engineer
and Township Solicitor which contains, at a minimum, the following:
(a)
The obligation of the developer to install the system according
to the design as approved by the Township.
(b)
The obligation of the developer to provide, prior to final plan
approval, financial security, in form approved by the Township Solicitor,
and in the amount approved by the Township Engineer, to secure 110%
of the estimated installation costs, which amount shall be subject
to increase or decrease in accordance with § 509 of the
Pennsylvania Municipalities Planning Code, 53 P.S. § 10509.
(c)
A schedule of inspections of the installation to be performed
by the Township Engineer, at intervals approved by him, with the agreement
of the developer to bear the entire costs of such inspections.
(d)
The submission of as-built drawings at the time of completion
of the system.
(e)
A covenant that upon a public sanitary sewer system becoming
available (available being defined to be an operating system, the
terminus of which is 1,000 feet, or less, measured in straight-line
distance to the nearest tract line of the development and which has
capacity to service the total development) the private system shall
be connected to such public system.
(f)
The provision of financial security, in form approved by the
Township Solicitor, and in the amount approved by the Township Engineer,
to secure the long-term operation, maintenance and replacement of
the system, all in accordance with the requirements of the Township
and the provisions of Chapter 71 of Title 27, Pa. Code, of the regulations
of the Pennsylvania Department of Environmental Protection.
(3)
Where the site of the proposed development is more than 1,000
feet from the nearest available public sewer system, the developer
may provide the proposed development with a complete public sanitary
sewer system if adequate treatment capacity is available and all connection
costs are assumed by the developer. If this is not feasible or desirable,
the adequate provision of on-site subsurface or alternate sewage disposal
systems approved by the Pennsylvania Department of Environmental Protection
shall be investigated.
(4)
Where installation of a public sanitary sewer system is not
required, the developer or owner of the lot shall provide for each
lot, at the time improvements are erected thereon, a private sewage
disposal system consisting of a septic tank and tile absorption field
or other sewage disposal system approved by the Pennsylvania Department
of Environmental Protection and the Township Sewage Enforcement Officer.
[Ord. 07-117, 11/13/2007, § 411]
1. Prior to design of water systems, where required by the Township,
a water supply feasibility study shall be completed for review and
approval by the Township. Design of all water supply systems shall
be subject to review and approval of the Township as follows:
A. In the case of individual private on-site wells and distribution systems, reviews and approval shall be by the Township in accordance with standards of the PaDEP and applicable Township ordinances. Review, approval and permitting shall be done prior to construction in accordance with the Township Well Ordinance [Chapter
26, Part
1].
B. In the case of central private or public water systems, which will be privately owned, review and approval of plans and specifications shall be by the Township and where deemed necessary, the applicable municipal authority in accordance with the standards of the Township Well Ordinance [Chapter
26, Part
1], PaDEP and Township or authority rules and regulations. Review and approval shall be part of the preliminary plan process. Following approval by the Township, the developer is required to obtain approval from PaDEP. Preliminary plan approval will not be granted until the Township and/or authority has approved the plans. Final plan approval will not be granted until all permits are obtained. A Township well permit (where applicable) must be obtained prior to construction.
C. In the case of public water systems which will be dedicated to the
public, review and approval of design plans and specifications shall
be by the applicable municipal agency, or authority in accordance
with their rules and regulations. Review and approval of plans and
specifications shall be part of the preliminary plan process. Preliminary
plan approval will not be granted until the developer submits copies
of all applicable approvals from the local municipal agency or authority.
Final plan approval will not be given until all permits are obtained
from PaDEP and other government agencies.
D. In any residential development where 10 or more homes are proposed
on lots of less than one acre each and on-site sewage disposal is
also proposed, a central water system shall be provided in accordance
with the requirements of this chapter.
E. Where water is to be provided by means other than by private wells
owned and maintained by the individual owners of lots within the subdivision
or development, applicants shall present evidence to the Board of
Supervisors or the Planning Commission, as the case may be, that the
subdivision or development is to be supplied by a certified public
utility, a bona fide cooperative association of lot owners, or by
a municipal corporation, authority, or utility. A copy of a certificate
of public convenience from the Pennsylvania Public Utility Commission
or an application for such certificate, a cooperative agreement, or
a commitment or agreement to serve the area in question, whichever
is appropriate, shall be acceptable evidence.
F. In addition, in conjunction with completion of a feasibility study,
the following requirements shall apply:
(1)
A water resources impact study shall be required when the proposed
development is not under the jurisdiction of the DEP or will not be
served by public water supplied by a municipal authority approved
by the Township; and one or more of the following conditions are met:
(a)
Individual, private on-site wells and distribution systems,
in which lots will rely on groundwater as the primary source of drinking
water, are proposed for use in residential subdivisions containing
three lots or more and the smallest created lot is less than five
acres in area.
(b)
The nonresidential subdivision contains three lots or more.
(c)
A proposed well is intended for nonresidential use (i.e., industrial,
commercial, geothermal heating or cooling, institutional, agricultural).
(2)
A professional geologist licensed in the Commonwealth of Pennsylvania
and qualified to conduct groundwater investigations shall prepare
the water resources impact study. The purpose of the study will be
to determine if there is an adequate supply of water for the proposed
use and to estimate the impact of the additional water withdrawals
on existing nearby wells, underlying aquifers and/or nearby surface
water features (i.e., streams, wetlands, etc.). The Township Engineer
shall review the impact study work plan, including proposed test well
locations and pumping test procedures. Approval of the work plan by
the Township Engineer shall be required prior to implementation.
(3)
The adequacy of water supply shall be determined based upon
the guidelines established in the Adams County Wellhead Protection
Plan (ACWHPP) of 300 gpd per household for peak demand calculations,
and used as a conservative estimate by which to perform a groundwater
budget analysis. A water system, which does not provide the minimum
rate of supply of water for the proposed use, does not meet drinking
water quality standards, and/or adversely impacts nearby wells, ponds,
and streams, shall not be approved by the Township.
G. Water Resources Impact Studies. The water resources impact study
shall contain at a minimum the following information:
(1)
Calculations of project water demands, including a determination
of required fire flows.
(2)
Literature review and reference of published geologic and hydrogeologic
reports.
(3)
A geologic map of the area within a one mile radius of the proposed
property boundaries and site.
(4)
The location of all faults, lineaments and fracture traces on-site
and within 1/2 mile of the proposed property boundaries.
(5)
The locations of all existing and proposed wells within 1/4
mile of the site and all large withdrawal wells (100,000 gpd+) within
0.5 mile of the site.
(6)
The locations of all test wells (both pumped and observation),
along with the proposed lot boundaries, should be located on an accurate
site plot plan or base map at a minimum scale of one inch to 500 feet.
(7)
Define/map the boundary of the surface watershed in which the
proposed development is located (use relevant USGS 7.5-minute topographic
map as a base map). The approximate property boundary for the development
shall be delineated on this surface watershed map.
(8)
Define known sources of groundwater contamination within this
mapped surface watershed boundary and evaluate the potential impact(s),
if any of this contamination on the proposed ground water use.
(9)
The location of all existing and proposed on-lot septic systems
within 1/4 mile of the site.
(10)
The location of all streams, perennial and intermittent, within
1/4 mile of the site.
(11)
Define existing municipal, community, industrial and/or agricultural
demands on groundwater resources located within 0.5 mile of the proposed
development boundaries.
(12)
A water-table or potentiometric surface map showing groundwater
elevation contours and the direction of groundwater flow.
(13)
Calculate a water budget for the subject site from available
information contained in published literature and government sources
for the geologic formation(s) occupying the site. The budget calculations
should document long-term average precipitation (inches per year,
in/yr), total surface runoff (in/yr), evapotranspiration (in/yr),
and groundwater recharge rates (in/yr and gallons per day per acre).
The long-term average groundwater recharge rate should be reduced
by 40% to estimate the annual amount of groundwater recharge expected
during years of drought conditions.
(14)
Confirm that there are no nearby groundwater users whose withdrawal
would inhibit the development from meeting its proposed groundwater
usage rate.
(15)
Divide the total annual groundwater recharge calculated for
drought conditions for the proposed development by 300 gpd (one equivalent
dwelling unit, EDU) to calculate the maximum number of residential
building lots that can be adequately supplied by the groundwater resource
underlying the subject development site.
H. Site Specific Report Requirements. The following site-specific investigations
shall be carried out in preparation of the water resources impact
study:
(1)
The installation and testing of new water supply wells for residential
developments shall be included as part of the impact study as follows:
(a)
One test well and at least one observation well shall be installed
and tested for proposed developments of three lots or more and the
smallest proposed lot is less than five acres in area.
(b)
For proposed developments of six or more lots, test wells shall
be installed and tested on 30% of the proposed lots. Test wells shall
be located to be representative of both the variety of landforms and
geologic formations contained by the proposed development.
(c)
For developments underlain entirely by diabase, one test well
shall be installed and tested on each lot to ensure an adequate water
supply.
(2)
The installation and testing of new water supply wells for nonresidential
developments shall follow the frequency given below:
(a)
For a nonresidential user proposing to withdraw 25,000 gpd or
less, one new test well shall be installed and tested. At least one
observation well is required to be monitored during both the pumping/recovery
phase of the well test.
(b)
For a nonresidential user proposing to withdraw more than 25,000
gpd but less than 100,000 gpd, two new test wells shall be installed
and tested.
(c)
A nonresidential user under the PaDEP jurisdiction and will
be reviewed by the Township. The Township shall not grant final plan
approval until all necessary permits are obtained from all applicable
regulatory agencies.
(3)
Any well installed in the Township for residential use, nonresidential
use or testing purposes requires a permit from the Township and shall
be constructed and sampled in accordance with the Township's
well ordinance. During the drilling and construction of the well,
proper techniques of well development shall be utilized so as to obtain
the best practical yield and quality, which is representative of the
aquifer.
(4)
Each test well shall have an accurate geologic log prepared
under the direction of a professional geologist licensed by the commonwealth
by a geologist during the drilling of the well, giving a detailed
description of the type and thickness of soils and bedrock formations
encountered. Additionally, the log should contain information on the
depth and thickness of all water bearing zones encountered and the
yield from each zone.
(5)
Pumping Tests and Recovery Tests. Each new test well shall be
pumped at a constant discharge rate for a minimum period of eight
continuous hours. The discharge rate shall be appropriate to the blown
yield of the well to adequately stress the aquifer but not dewater
the well. Recovery levels shall be measured at regular intervals immediately
following the pumping period until 90% recovery of the pre-test water
level is achieved.
(6)
During the performance of each pumping recovery test, time-drawdown
measurements (within accuracy of 1/10 foot) shall be taken from the
pumped well and at least one nearby observation well. The time-drawdown
measurements must be taken in both the pumped well and the observation
well at the following minimum frequencies:
(a)
One reading every minute for the first 10 minutes of the test.
(b)
One reading every two minutes for the 10 to 100 minute test
interval.
(c)
One reading every 10 minutes for the 100 to 300 minute test
interval.
(d)
One reading every 20 minutes from 300 minutes to the end of
the pumping period.
(e)
Repeat frequency for recovery phase of test.
(7)
All observation wells should be located within 200 feet horizontal
distance from the pumping well, or be close enough to incur measurable
drawdown during the pumping phase of the test. The observation well
can be either a) an existing domestic well, but only if the domestic
well is not actively pumped for the entire duration of testing (pumping
and recovery phases) and its construction details (total depth and
cased depth) penetrate the same hydro-geologic unit as the new well,
or b) a new supply well on an adjacent lot if that adjacent well penetrates
the same hydro-geologic unit as and its construction details (total
depth and cased depth) are compatible with the new well being tested,
or c) a new well specifically installed as an observation well for
test purposes and scheduled for permanent abandonment following relevant
Township requirements after the testing has been completed.
(8)
The time-drawdown data collected from each pumping test should
be used to define the local aquifer characteristics, including hydraulic
conductivity, transmissivity, coefficient of storage, and the expected
long-term yield of the well(s) being tested. Distance drawdown relationships
and impact on surrounding water users from the proposed groundwater
withdrawal should be included in the assessment. A groundwater availability
analysis should be included in the impact study to demonstrate that
there are sufficient groundwater resources within the drainage basin
to support both existing users and the proposed withdrawal. Raw time-drawdown
data and field testing notes should be included in the report as an
appendix.
(9)
Water samples for chemical analyses should be collected from
the pumped wells within one hour of the scheduled end of the pumping
phase of each test. Samples shall be analyzed at a DEP-certified laboratory
for pH, total dissolved solids, iron, manganese, nitrate-nitrogen
and coliform bacteria. A copy of the laboratory analytical report
for each sample shall be included and summarized in the report.
(10)
All water supply wells to be used for domestic purposes shall
have a minimum yield of 1 gpm. In the case of low yielding wells,
i.e., less than 5 gpm, the proposed water system shall be designed
to be able to provide sufficient storage via oversize tanks and/or
storage in the well bore to meet expected peak demand (i.e., 300 gpd).
I. Water Resources Impact Study Determination.
(1)
When a water resources impact study is required, the Board of
Supervisors will approve the use of on-lot water supply systems (wells)
or nonresidential use wells when:
(a)
This report indicates that justification of the project necessitates
consideration of this type of water supply.
(b)
The anticipated water supply yield is adequate for the type
of development proposed.
(c)
The installation of such systems will not endanger or adversely
decrease the groundwater supplies to adjacent properties.
(2)
On relatively large projects, and when deemed appropriate and
necessary by the Township Engineer, the analysis of the potential
hydrologic impact using a groundwater model (i.e., MODFLOW) may be
required in addition to the above fieldwork to adequately characterize
and predict the overall impact the proposed project will have on availability
groundwater resources.
[Ord. 07-117, 11/13/2007, § 412]
1. A private homeowners association shall be formed by the developer,
to which all lot owners must belong, and which shall be governed by
the following minimum provisions:
A. The association shall be charged with the responsibility for the
operation, maintenance and replacement of the system, which obligation
shall be transferred from the developer according to the schedule
set forth in its operation bylaws or other agreement with the developer,
and which schedule is approved by the Township.
B. At the time of transfer of the system, the association shall become
the owner of the complete system, including the plant, pumps, conveyance
facilities and appurtenances.
C. The association must have perpetual existence and shall remain fully
responsible for the operation, maintenance and replacement of the
system until such time as it is dedicated to, and accepted by, a municipality
or municipal authority having jurisdiction to provide public water
or sanitary sewer services in the area in which the development is
located.
D. The association charter and/or bylaws shall provided for the collection
of all operation, maintenance and replacement costs of the system,
by assessments or other charges, from all lot owners serviced by the
system.
E. The association bylaws shall provide for the placement of liens against
the owners of units/lots who have failed to pay any assessments or
other charges when due; such liens to have priority over any lien
filed to recover association debt.
F. The association shall be required to maintain liability insurance
at all times and in amounts acceptable to the Township, or as otherwise
required by the Pennsylvania Department of Environmental Protection,
covering the operation, maintenance and replacement of the system;
the township shall be named as an additional insured on the association's
liability policy.
G. The association shall concurrently submit to the Township copies
of all reports that are required to be submitted to the Pennsylvania
Department of Environmental Protection regarding the operation, maintenance
and repair of the system.
H. The association shall provide copies of its financial statements
to the Township on an annual basis, promptly after such statements
are approved for the year.
I. The association and all owners of lots within the development shall,
during such ownership and/or use of the system, indemnify, defend
and hold harmless the Township from any and all claims, demands, liabilities,
damages and losses, including reasonable attorney fees, resulting,
in whole or in part, from the construction, installation, operation,
maintenance and/or replacement of the system.
J. Prior to final plan approval, the developer and/or association shall
establish and maintain financial security with the Township to cover
the costs of future operation, maintenance and replacement of the
system in accordance with Chapter 71 of Title 25 of the Regulations
of the Pennsylvania Department of Environmental Protection.
K. The association shall enter into a contract for an operation/maintenance
agreement with a Pennsylvania Department of Environmental Protection
certified plant operator, and backup plant operator as required by
its regulations, which shall require the plant operator to comply
with all federal and state laws and to provide copies to the Township
on a quarterly basis or all reports made to any federal or state agency.
The operator shall monitor the system as required by Pennsylvania
Department of Environmental Protection. The association shall, on
an annual basis, provide a copy of the operators' license to
the Township. The association shall notify the Township if the contract
for operation/maintenance agreement changes, including but no limited
to a different operator or back-up operator.
L. The Township shall be deemed to be a third party beneficiary of the
homeowners association agreement and if, for any reason, the Township
expends monies to maintain, repair or replace the system due to a
default by the association, the individual lot owners shall be responsible
to reimburse the Township for any monies so expended, and failure
to reimburse shall constitute grounds for the Township to place a
lien on the lot owner's property. Nothing herein shall be construed
to place any duty or responsibility on the Township with respect to
any matter concerning the operation, maintenance or replacement of
the system.
M. The document containing the above provisions shall be presented to
the Township Engineer and Township Solicitor for review and approval
prior to final plan approval.
[Ord. 07-117, 11/13/2007, § 413]
1. Applicability. Traffic impact studies shall be required, as established
by this section, for all preliminary subdivision and land development
applications under this chapter when land development is projected
to generate 200 new ADT (average daily trips), or 20 or more new peak
hour trips, as established in the most recent edition of the Institute
of Transportation Engineers (ITE) publication, trip generation.
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Separate applicability standards are established, as applicable, in the Township Zoning Ordinance [Chapter 27] (conditional use standards and requests for rezoning). The requirements of this section may be modified by the Board of Supervisors, or the Zoning Hearing Board if applicable, when specific requirements are determined not to be applicable to the preliminary subdivision or land development application.
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2. Purpose. A traffic impact study shall enable the Township to assess
the likely traffic impact of a proposed development on the various
components of the transportation system. The requirements of this
section are separate from, but function in parallel with, the Township's
adopted Act 209 (Transportation Impact Fee) Ordinance and Transportation
Capital Improvements Program.
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The study shall: (A) address the safe and efficient circulation
of both vehicles and pedestrians on the site; (B) identify the impacts
of development traffic at the site's accesses to public roads
within the Township and provide appropriate mitigation for safe and
efficient movement of vehicles and pedestrians thereof; and (C) identify
the development's impact on the surrounding roadway network for
the purposes of establishing the basis of its transportation impact
fee for mitigation of its impacts, or in lieu of the fee, making the
necessary improvements thereof.
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3. Professional Study Preparation. The applicant shall retain a qualified,
licensed professional traffic engineer, who shall be subject to the
approval of the Township, to prepare the traffic impact study.
4. Definitions. The following terms or phrases shall have the meanings
indicated when used in this section:
A. Study Area. The study area shall be the area of land, and specific
roadways and intersections, within the Township that are likely to
be affected by the development.
B. Act 209 Transportation Impact Fee Ordinance Terms. This chapter has requirements separate from, but related to, the requirements of this section. This section, as appropriate, references specific elements of the adopted Act 209 Ordinance [Chapter
25, Part
1], as follows:
(1)
Transportation Service Area(s). Geographically defined portions
of the Township, not exceeding seven square miles in area.
(2)
Transportation Impact Fee(s). The current adopted fee(s) imposed
by the Township in each transportation service area, based upon new
trips generated by the development during the weekday afternoon peak
hour, to fund transportation capital improvements necessitated by,
and attributable to, new development.
(3)
Land Use Assumption Report. The current adopted development
plan for the transportation service area(s) which forms the basis
of the transportation impact fee(s).
(4)
Transportation Capital Improvements Plan. The current adopted
Transportation Capital Improvements Program of the Township, containing
both future nondevelopment and development capital improvements identified
from the Act 209 study's roadway sufficiency analysis.
C. New Trips. Two-way trips added to the roadway network surrounding
the site. New trips are calculated as total trips generated by the
development net of pass-by trips (trips already on the roadway network)
to the development.
D. Major Roadways. All designated state highways within the Township,
plus Township roadways, with the classification of collector road
or higher.
E. Major Intersections. All combinations of intersections of state highway
with state highway, or with Township roadways classified as collector
roads or higher.
F. Volume/Capacity Analysis. An analysis that compares the volume of
a traffic facility to its capacity. The methodology for the analysis
shall adhere to the most recent edition of the Highway Capacity Manual,
or other methodology acceptable to the Township and the Pennsylvania
Department of Transportation (PennDOT).
G. Levels of Service. As defined by the Highway Capacity Manual, levels
of service, ranging from A to F, measure the operational conditions,
within a traffic stream in terms of such factors as speed, travel
time, delay, freedom to maneuver, traffic interruptions, comfort,
and convenience.
H. Queue Analysis. An analysis that identifies the maximum stacking
of vehicles in each traffic lane, measured in feet. The analysis shall
utilize a methodology acceptable to the Township and the Pennsylvania
Department of Transportation.
I. Trip Generation. The total count of trips to and from the subject
development per unit of land use (i.e., dwelling unit, square footage,
etc.) as established by the most recent edition of ITE's Trip
Generation. For land uses not listed in this publication, or for those
land uses with limited available trip generation data, the applicant's
traffic engineer shall seek guidance from the Township prior to completion
of the study. For applications involving an expansion or relocation
of an existing facility, actual trip generation characteristics of
the existing land use may be utilized, as appropriate, and subject
to acceptance by the Township. Other local sources of trip generation
data may be acceptable, subject to the approval of the Township.
5. Scope of the Study Area. The applicant shall receive approval of
the scope of the study area from the Township and its Traffic Engineer
before proceeding. The minimum requirements of the scope of the traffic
study area potentially affected by the proposed development (inclusive
of specific roadways and intersections) are as follows:
A. Development Driveways (Accesses). All existing and proposed driveways
(accesses) for the development intersecting public Township and PennDOT
roadways, plus adjacent roadways, intersections, and driveways along
the applicant's property, or adjacent properties, which may be
directly affected by vehicular and pedestrian traffic from the development.
B. Supplemental Study Area for Developments within a Designated Transportation
Service Area.
(1)
Nonresidential Developments with Significant Deviation in Density,
Intensity, or Trip Generation from Land Use Assumptions Report. If
the Township determines that the applicant's development falls
in this category, the scope of study area shall minimally include
all major roadways and intersections within the transportation service
area where the development is located which accommodate 10% or more
of development traffic and/or 100 or more new peak hour trips. The
applicant, or its traffic engineer, shall submit a preliminary analysis
of the study area affected by this development to the Township and
its Traffic Engineer for agreement and approval before proceeding.
(2)
Any Development which Generates More than 1,000 New Peak Hour
Trips. The scope of study area shall include all major roadways and
intersections outside the Transportation Service Area where the development
is located, but within the municipal boundaries of the Township which
will accommodate 10% or more of development traffic and/or 100 or
more new peak hour trips. The applicant, or its traffic engineer,
shall submit a preliminary analysis of the study area affected by
this development to the Township and its Traffic Engineer for agreement
and approval before proceeding.
6. Voluntary Traffic Impact Study. At any time, an applicant for a proposed development may prepare and submit a traffic study to (A) substantiate its opinion that the development's trip generation is different than that established by the Township for purposes of determining the development's Transportation Impact Fee, in accordance with its adopted Act 209 Ordinance [Chapter
25, Part
1]; or to (B) justify allocation of its impact fee to specific projects contained in the Township's adopted Capital Improvements Plan, or to otherwise implement transportation capital improvements not contained in the adopted Capital Improvements Plan.
7. PennDOT Traffic Impact Study. Nothing in this section relieves the
applicant for a development which will access a state highway within
the Township to comply with the requirements of the traffic impact
study requirements contained in the latest edition of PennDOT Publication
282, "Highway Occupancy Permit Handbook." The Township urges the applicant
to coordinate its scopes of traffic studies required by the Township
and PennDOT, which may permit a single traffic impact study acceptable
to both jurisdictions to be prepared.
8. Contents of the Traffic Impact Study. At the discretion of the Township,
a traffic impact study shall contain, but not be limited to:
A. Executive Summary. A brief (maximum two pages) executive summary
shall be provided, summarizing the traffic impact study's findings,
conclusions, and recommendations.
B. Site and Project Description. This description shall identify the
site, proposed land use(s), the surrounding area, and the transportation
setting, including:
(1)
A description of the size, location, proposed land uses, construction
staging, and completion date of the proposed development. Also, the
description shall include the characteristics of site users with respect
to their transportation characteristics and needs, including typical
peak periods of travel, use of other travel modes, and vehicle composition.
(2)
The existing and proposed uses of the site shall be identified
in terms of zoning classification.
(3)
A complete description of access and circulation for the development
including, but not limited to, locations of access points and methods
of traffic control.
(4)
Description of the adjacent external roadway system within the
study area. Major intersections in the study area shall be identified
and illustrated, as applicable.
(5)
All existing and proposed public transportation services and
facilities within the study area and the surrounding area shall be
documented.
(6)
A description of all internal roadways, existing and proposed
parking facilities, and traffic control devices on all internal roads
and intersections shall be provided.
(7)
All future committed or proposed roadway and intersection improvements
within the study area shall be noted. The responsible party and anticipated
project schedule shall be identified for each future improvement.
Projects on the Township's adopted Transportation Capital Improvements
Plan should not be listed unless the Township has indicated that the
improvements will be in place before the proposed opening year of
the development.
C. Existing Traffic Conditions. Existing traffic conditions shall be
documented for all major roadways and intersections established as
part of the approved study area, and shall be based on the following:
(1)
Existing peak hour turning movement traffic volumes shall be
recorded at all study area intersections, and shall encompass both
the peak highway and development hours. Daily traffic volumes on the
major study roadways shall be documented in the report. The report
shall provide figures illustrating the peak hour turning movement
traffic volumes, and documentation regarding all traffic counts.
(2)
A volume/capacity analysis based on existing traffic volumes
shall be performed during the peak highway and development hours for
all study roadways and intersections. The level-of-service results
of the volume/capacity analysis shall be presented graphically.
(3)
A summarization of the most recent accident data within the
study area shall be provided if required by the Township.
D. Future Conditions Without the Proposed Development. An evaluation
of the anticipated future traffic volumes, and the ability of the
roadway network to accommodate this traffic without the proposed development,
shall be provided for the approved study area roadways and intersections.
The analysis shall be completed for each study peak hour for the development
completion year (design year) and any interim years if development
phases are proposed. This evaluation shall include the following:
(1)
Peak hour traffic volumes shall be projected for the design
year(s) based on traffic growth information compiled by the Adams
County Office of Planning and Development and/or PennDOT. Projected
traffic volumes shall also include anticipated traffic growth associated
with other significant area proposed developments which will be completed,
or partially completed, by the design year(s), or developments under
construction. All assumptions and methodologies utilized to forecast
the future traffic volumes shall be clearly documented. Figures shall
be provided in the report illustrating the peak hour turning movement
traffic volumes for this future condition.
(2)
A volume/capacity analysis based on future without-development
traffic volumes shall be performed during the peak highway and development
hours for all study roadways and intersections. The level-of-service
results shall be presented graphically.
(3)
Roadway and intersection improvements committed to implementation
by others prior to the design year(s) shall be included in the future
without development analysis. The applicant's traffic engineer
shall seek guidance from the Township in determining the appropriateness
of future roadway and intersection improvements, especially those
in the Township's Transportation Capital Improvements Program.
E. Development Trip Generation. Estimates of vehicle trips generated
by the proposed development shall be completed for the design year(s)
peak highway and development hours, and on a daily basis. A table
should be provided which clearly identifies total driveway trips and
total new trips. Pass-by trip and internalization assumptions, as
applicable, should be clearly identified and discussed. Current versions
of ITE's Trip Generation and Trip Generation Handbook should
be utilized, if appropriate to the development's land uses. Trip
generation estimates based upon alternative sources (e.g., local counts
of similar uses) should be clearly documented; including reasons for
their use versus use of ITE published data.
F. Development Traffic Distribution and Assignment. Traffic volumes
generated by the proposed development shall be distributed and assigned
throughout the study area for each of the study peak hours. Documentation
of all assumptions used in the distribution and assignment of traffic
shall be provided.
G. Proposed Improvements. A description of improvements proposed to
remedy and otherwise mitigate traffic deficiencies and traffic impacts,
as established by the analyses, shall be provided. The level-of-service
mitigation criteria which should be utilized to define needed improvements
are as follows:
(1)
All movements at all site accesses shall function at levels-of-service
D or better with future with-development traffic volumes. If signalized,
the intersection(s) overall shall also function at level-of-service
D or better.
(2)
Improvements at study area intersections other than the proposed
site access(es), and on study roadways, shall be presented for future
with development traffic volumes to operate at level-of-service D
or better for all movements and the intersection overall, if signalized,
if the future without-development conditions function at level-of-service
D or better. If future without-development conditions function at
level-of-service E, improvements shall be identified such that future
with-development level-of-service conditions will be no worse than
level-of-service E. If future without-development level-of-service
conditions are F, future with development level-of-service F conditions
shall have no greater volume/capacity ratios and delays than future
without-development conditions.
(3)
The description of improvements shall describe their location,
nature, and schedule, as well as the party responsible for the improvements.
The listing of recommended improvements shall include improvements
both internal and external to the site, as appropriate.
(4)
All design recommendations shall be consistent with the design
requirements of Cumberland Township and/or the guidelines of the PennDOT,
as appropriate, including the following:
(a)
Available safe stopping sight distance measurements shall be
performed for each access, and recommendations shall be provided for
any access location that does not provide sufficient sight distance
in accordance with the applicable requirements, which may include
relocation of the proposed access, specific traffic controls, provision
of separate turn lanes, roadway geometric improvements, or turning
restrictions.
(b)
The necessity for auxiliary turn lanes at each site access intersection
shall be identified based on the current design guidelines of the
Pennsylvania Department of Transportation.
(c)
All access points and pedestrian crossings shall be examined
as to the need for, and feasibility of, installing traffic signals
or other traffic control devices, pursuant to the guidelines and traffic
signal warrants of PennDOT.
(d)
Design recommendations on study roadways and at other study
intersections shall incorporate the comparable Township and PennDOT
design guidelines as clauses (a) through (c) address for the site
access(es).
H. Future Conditions With the Proposed Development. A description of
the adequacy of the study area roadways and intersections to accommodate
future traffic with development of the site with proposed improvements
shall be provided. The analysis shall be completed for each study
peak hour for the development completion year, and any interim years,
if development phases are proposed. The evaluation shall include the
following:
(1)
Daily and peak hour traffic volumes shall be projected for the
design year(s). Projected traffic volumes shall be calculated by adding
the assigned development trip generation to the future traffic volumes
without development on the study roadway and intersection network,
including the site access(es). Figures shall be provided in the report
illustrating the resultant peak hour traffic volumes with the proposed
development with proposed improvements, including all turning movements.
(2)
A volume/capacity analysis based on future with-development
traffic volumes with proposed improvements shall be performed during
the peak highway and development hours for all study roadways and
intersections including the site access(es). The level-of-service
results shall be presented graphically.
(3)
A queuing analysis (maximum queues) shall be performed during
the peak highway and development hours for each study intersection,
including the site access(es). The results of the queuing analysis
shall be presented graphically, and the available storage lengths
for all existing and proposed intersection approach lanes shall be
identified to determine the adequacy of these facilities to accommodate
the anticipated future vehicular traffic queues.
I. Conclusions and Recommendations. This last report section shall include
a matrix comparing levels of service on each study roadway, site access
intersection, and other study intersections, if appropriate, for existing
conditions, future conditions without development, and future conditions
with development with improvements. If the development is to be phased,
all interim future conditions should be summarized. A summary of all
recommended improvements should also be provided, including responsibility
for each. Appropriate summaries should be provided indicating that
all future vehicular queues can be provided within existing intersection
approach lane limits or with the future improvements to be provided
by the applicant or others.
[Ord. 07-117, 11/13/2007, § 414]
1. Where required by the Township, all plans shall be accompanied by
a landscaping plan. The landscaping plan shall be reviewed and approved
as part of the preliminary plan phase. Subdivision plans which are
exempt from submittal of a preliminary plan shall be exempt from submittal
of a landscaping plan.
A. Plan Requirements. Requirements of the landscaping plan are as follows:
(1)
Plan shall be prepared by an individual experienced in selection
of plantings.
(2)
Detail drawings and specifications shall be provided on the
plan where applicable.
(3)
There shall be a key or legend, which corresponds to the plan
identifying type of plant.
(4)
Each lot within a subdivision or land development shall be provided
with planting areas. In the case where the lot is intended for single
family residential use specific plants do not have to be indicated,
however the plan shall identify minimum areas for landscaping.
(5)
Design shall be in accordance with standard practice of landscape
architecture.
(6)
Selection of plants and trees shall be based on the location
of the site and local environmental influence such as slope, soil,
wind, temperature, shade, rainfall, and etc.
(7)
The landscape plan shall be subject to review and approval by
the Township Engineer and any necessary sub-consultant.
(8)
Responsibility for future maintenance shall be that of the property
owner; however, the developer is responsible for installation under
the terms of the posted financial surety.
(9)
The subdivider or land developer and/or applicant shall be required
to preserve all historic trees. The subdivider or land developer and/or
applicant shall be responsible for contacting the Pennsylvania Historic
and Museum Commission (PHMC) to verify historical significance of
the trees. If significance is documented, the Township may require
review of the proposed development by PHMC.
(10)
To minimize potential death or loss that may be caused by a
disease that impacts a specific plant or tree species, whenever possible,
a mix of multiple species within a development shall be used.
B. Plan Objectives.
(1)
To provide scenic relief for the purpose of conserving and enhancing
the appearance of the community, especially in areas of potential
scenic value and of historical note.
(2)
To assist property owners in maintaining the appearance of their
neighborhoods.
(3)
To provide adequate buffer yards and planting screens to reduce glare; to abate other nuisances; to enhance planting areas in conjunction with streets; where such are required by the provisions of Part
12, "Buffers," of the Cumberland Township Zoning Ordinance [Chapter
27].
(4)
To accomplish one or more of the following purposes: screening,
retard stormwater runoff, stabilize steep slopes, direct or restrict
pedestrian access, define spaces, provide shade and/or complement
and enhance the building and grounds, buffer and enhance natural resources
such as wetlands, streams and wildlife habitat areas.
(5)
Any part or portion of a site in any district which is not used for building or other structures, loading, or parking spaces and aisles, sidewalks and designated storage areas shall be planted with a vegetative landscape, such as, but not limited to, an all season grass seed, sod or ground cover and properly maintained in accordance with Part
5, "Improvements and Construction Requirements," in this chapter.
(6)
To conceal unsightly or objectionable elements of the subdivision
or land development, such as loading areas and docks, trash receptacles,
outside storage areas, etc.
(7)
In the event unsightly or objectionable elements may not exist,
a landscaping plan shall be provided.
(8)
If the construction schedule is delayed and landscaping cannot
be installed during the current season, the landscaping plan provided
by the applicant to the Township shall specify a time frame for completion.
C. Design Requirements.
(1)
Street Trees. For the safety, convenience, and attractiveness
of any subdivision of one or more lots, the applicant shall provide
a minimum of one deciduous street tree per lot, or one deciduous street
tree spaced at intervals of between 70 and 100 feet apart or fraction
thereof, whichever is greater, unless the lot is wooded or otherwise
agreed upon by the Township. The following general standards must
be considered when determining the selection and location of street
trees:
(a)
Location. Street trees shall be planted outside of the street
right-of-way line, between the street line and the building setback
line, but at least 10 feet from the edge of improved cartway or five
feet beyond the sidewalk.
1)
Street trees shall not be placed where they might interfere
with the construction, use, or maintenance of any public or private
sewage disposal system, water supply, or other utility/facility including
sidewalks.
2)
Street trees shall not be planted opposite each other across
streets but shall have alternate spacing.
(b)
All street trees shall be kept free of branches and foliage
from the ground level to a height of at least eight feet above sidewalks
and a minimum of 1 1/2-inch caliper tree trunk.
(c)
Street trees shall be of nursery stock. They shall be of symmetrical
growth, free of insects, pests and disease, suitable for street use
and in conformity with the standards of the American Association of
Nurseryman.
(d)
A list of approved street trees for planting in Cumberland Township
is included in this section under Subsection 1F, "Recommended Landscape
Plantings."
(e)
Detailed street tree planting specifications should be provided
and shall conform to this chapter.
(f)
No Obstruction to Vision. No trees, shrubs or landscaping shall
be permitted within any required clear sight triangle.
1)
At all intersections of streets, private roads and/or access
drives, proper sight lines must be maintained as defined in accordance
with the street design and intersection sight distance sections of
this chapter.
2)
No existing walk, fence, sign, or other structure shall be altered,
erected or constructed and no hedge, trees, shrubs, or other growth
shall be maintained or permitted which may cause danger to traffic
on a public road by obscuring the view within the clear sight triangle.
3)
No building, structure, grade or planting higher than two feet
above the center line of the street shall be permitted within such
clear sight triangle or in any area between the cartway and the right-of-way.
Where no such right-of-way is defined, there shall be no such plantings
over two feet tall in height, at maturity, for a distance of 25 feet
from the center line for local streets and 30 feet from the center
line for collector streets.
(g)
Native plants shall be incorporated as appropriate and meet
the standards as listed in Subsection 1F, "Recommended Landscape Plantings,"
list.
(h)
To the maximum extent practicable, mature, healthy trees of
at least 12 inches in caliper and other significant existing vegetation
shall be retained and protected in accordance with Subsection 1E,
"Protection During Construction," of this chapter. Such trees shall
not be removed, except as provided on the approved subdivision and/or
land development plan.
(i)
The subdivider or land developer and/or applicant shall be required
to preserve all historic trees and, where required by the Township,
shall be responsible for contacting the Pennsylvania Historic and
Museum Commission (PHMC) to verify historical significance of the
trees. If significance is documented, the Township may require review
of the proposed development by PHMC.
(2)
Parking Area Landscaping. In addition to the requirements of the Cumberland Township Zoning Ordinance [Chapter
27], the following shall apply:
(a)
A layer of mulch four inches deep shall be applied and maintained
in all landscape areas or other approved material such as landscape
stone.
(b)
Curbing shall be installed to separate the vegetative island
areas from vehicular traffic. However, sumped vegetative areas will
be considered when used as a stormwater management device.
(c)
The plant material should be located so as to accomplish one
or more of the following purposes: screening, retard stormwater runoff,
direct or restrict pedestrian access, stabilize steep slopes, to help
visually define travel lanes through or next to the parking lot, define
spaces, provide shade and/or complement and enhance the building and
grounds.
(d)
Deciduous street trees shall have a minimum branching height
no lower than six feet from finished grade, all other plant material
used for interior landscaping shall not be over three feet in height
at maturity, including but not limited to, shrubs, annuals, and perennials.
(e)
All parking areas located greater than 200 feet from the intended
land use shall be provided with paved accessible pedestrian walkways
and elevated islands. Such walkways may occupy portions of the landscaped
areas and be interrupted by necessary vehicular travel lanes. Wheelchair
ramps meeting ADA requirements shall be provided.
(3)
Commercial/Industrial Area Landscaping. In addition to requirements of the Cumberland Township Zoning Ordinance [Chapter
27] and this sections of this chapter, the following shall apply:
(a)
When a district boundary is a public street no buffer yard shall be required, unless the public street is adjacent to residential and/or lots used for residential purposes, then a buffer yard shall be required in accordance with §
27-1201, Subsection
4, of the Zoning Ordinance [Chapter
27].
(b)
At the Township's discretion, additional site landscaping
around proposed buildings or structures may be required.
D. Maintenance and Guarantee.
(1)
All landscaping, buffer yards and plant screening shall be installed
and continually maintained by accepted practices as recognized by
the American Association of Nurserymen.
(2)
No trees, shrubs, or landscaping shall be placed where they
might interfere with the construction, use, or maintenance of any
public or private sewage disposal system, water supply, or other utility/facility
including sidewalks.
(3)
All landscaping vegetation should be placed clear of both existing
and proposed utilities including gas, water and sewer pipes and underground
and overhead utilities such as electrical, cable and telephone wires.
(4)
Planting and maintenance of all landscaping vegetation shall
include, but not necessarily be limited to, provisions for surface
mulch, guy-wires and stakes, irrigation, fertilization, insect and
disease control, pruning, mulching, weeding, watering, replacement
of dead plant material and be kept free of all debris and rubbish.
(5)
Any tree, shrub or landscaping which dies within 18 months of
planting shall be replaced by the subdivider, developer or homeowner
at his expense. Any street tree which dies after the eighteen-month
period shall be replaced within one year by the owner of the land
on which such tree was located.
(6)
All final landscaping plans shall be accompanied by a cost estimate
prepared by the landowner or developer. The cost estimate shall be
evaluated by the Township and revised by the Township if necessary.
The cost estimate shall serve as a basis of establishing an escrow
account related to landscaping.
(7)
The applicant shall make arrangements acceptable to the Township
for the property's long-term landscape maintenance. The applicant
shall provide the names, addresses and telephone numbers of those
persons or organizations who will be assuming such responsibilities.
(8)
At the Township's discretion, the applicant may be required
to escrow sufficient funds for the maintenance and/or replacement
of the proposed vegetation during an eighteen-month replacement period.
In addition, an escrow may be required for the removal and replacement
of specimen trees damaged during construction.
E. Protection During Construction.
(1)
Protection of trees and existing vegetation to be retained during
construction shall be required subject to the following:
(a)
Trees of 12 inches caliper or more shall be preserved to the
extent possible. The Board may require the landowner or developer
to plant one tree of not less than two inches in caliper for each
tree of 12 inches caliper or more to be destroyed.
(b)
No soil shall be placed around trunks of preserved trees that
are to be retained. For those trees which are to remain, tree wells
may be required to preserve such trees when final grading exceeds
five inches in depth around preserved trees.
(c)
Trees to remain shall be protected with construction fence placed
at the limit of the drip line around said trees.
(d)
No boards or other material shall be nailed to trees during
construction, and no trees to remain shall be sprayed with paint.
(e)
Feeder roots of trees to remain shall not be cut closer than
the drip line.
(f)
Operation of heavy equipment shall not be allowed over root
systems to prevent soil compaction.
(g)
Tree trunks and exposed roots damaged during construction shall
be protected from further damage by being pruned flush, and if trunks
are scarred, they shall be traced out for proper healing.
(h)
Tree limbs damaged during construction shall be sawed flush
to tree trunks and treated with tree paints as necessary.
(i)
Trees shall be given heavy application of fertilizer to aid
in their recovery from possible damage caused by construction operations.
(j)
Construction debris shall not be disposed of on site.
F. Recommended Landscape Plantings.
(1)
Shade Trees.
|
Botanical Name
|
Common Name
|
Height in Feet at Maturity
|
---|
|
*Acer rubrum
|
Red Maple (N)
|
75
|
|
*Acer saccharum
|
Sugar Maple (N)
|
100
|
|
Betula nigra
|
River Birch (N)
|
70
|
|
*Carpinus betulus
|
European Hornbeam
|
60
|
|
*Celtis occidentalis
|
Common Hackberry (N)
|
120
|
|
Cercidiphyllum japonicum
|
Katsura Tree
|
75
|
|
Fraxinus americana
|
White Ash (N)
|
120
|
|
Fraxinus pennsylvanica lanceolata
|
Green Ash (N)
|
60
|
|
*Ginko biloba (males only)
|
Ginko, Maidenhair Tree
|
120
|
|
*Gleditsia tricanthos 'inermis'
|
Common Honeylocust
|
120
|
|
Gymnocladus dioicus
|
Kentucky Coffee-tree (N)
|
90
|
|
Liquidambar styraciflua
|
Sweet Gum (N)
|
75
|
|
Liriodendron tulipifera
|
Tulip Tree (N)
|
150
|
|
*Nyssa sylvatica
|
Black Gum (N)
|
50
|
|
*Plantanzus x acerifolia
|
London Planetree
|
50
|
|
*Quercus palustris
|
Pin Oak
|
70
|
|
Quercus rubra
|
Red Oak (N)
|
75
|
|
*Quercus prinus
|
Chestnut Oak (N)
|
70
|
|
*Tilia tomentosa
|
Silver Linden
|
70
|
|
*Tilia cordata
|
Littleleaf Linden
|
90
|
|
*Ulmus americana
|
American Elm (N)
|
120
|
|
*Zelkova serrata
|
Japanese Zelkova
|
80
|
(2)
Small/Ornamental Trees.
|
Botanical Name
|
Common Name
|
Height in Feet at Maturity
|
---|
|
^*Acer buergeranum (tree form)
|
Trident Maple
|
30
|
|
*Acer campestre
|
Hedge Maple
|
45
|
|
Acer griseum
|
Paper Bark Maple
|
40
|
|
^Amelanchier canadensis (tree form)
|
Serviceberry (N)
|
30
|
|
Betula populifolia
|
Gray Birch (N)
|
30
|
|
*Carpinus caroliniana
|
Ironwood, American Hornbeam (N)
|
35
|
|
^Cercis canadensis
|
Eastern Redbud (N)
|
36
|
|
^Chionanthus virginicus
|
Fringetree (N)
|
30
|
|
*Cladrastis lutea
|
American Yellow-wood (N)
|
50
|
|
Cornus florida
|
Flowering Dogwood (N)
|
40
|
|
Cornus kousa
|
Kousa Dogwood
|
40
|
|
^Cornus mas
|
Cornelian Cherry
|
24
|
|
Halesia carolina
|
Carolina Silverbell (N)
|
40
|
|
^Koelreuteria paniculata
|
Golden-rain Tree
|
30
|
|
^Magnolia stellata
|
Star Magnolia
|
20
|
|
^Magnolia virginiana
|
Sweet Bay Magnolia (N)
|
20
|
|
^*Malus floribunda
|
Japanese Flowering Crab
|
30
|
|
^*Malus 'Red Barron'
|
Red Barron Flowering Crabapple
|
20
|
|
*Ostrya virginiana
|
Hop-hornbeam (N)
|
40
|
|
^*Oxydendrum arboretum
|
Sourwood (N)
|
30
|
|
*Parrotia persica
|
Persian Parrotia
|
40
|
|
^*Phellodendron amurense
|
Amur Corktree
|
30
|
|
*Prunus sargentii
|
Sargent Cherry
|
50
|
|
^*Prunus serrulata 'Kwanzan'
|
Kwanzan Cherry
|
25
|
|
Stewartia pseudocamellia
|
Japanese Stewartia
|
40
|
|
^Syringa amurensis japonica
|
Japanese Tree Lilac
|
30
|
|
*Ulmus parvifolia
|
Chinese Elm
|
40
|
(3)
Evergreen Trees.
|
Botanical Name
|
Common Name
|
Height in Feet at Maturity
|
---|
|
Abies concolor
|
White Fir (N)
|
90
|
|
Chamaecyparis nootkatensis 'pendula'
|
Weeping Nootka False-Cypress
|
35
|
|
Chamaecyparis thyoides
|
Atlantic White Cedar (N)
|
50
|
|
Ilex opaca
|
American Holly (N)
|
45
|
|
Juniperus virginiana
|
Eastern Red Cedar (N)
|
90
|
|
Picea abies
|
Norway Spruce
|
120
|
|
Picea omorika
|
Serbian Spruce
|
90
|
|
Picea pungens
|
Colorado Spruce (N)
|
100
|
|
Pinta flexilis
|
Limber Pine (N)
|
50
|
|
Pinus strobus
|
Eastern White Pine (N)
|
100
|
|
Pinus strobus 'Fastigiata'
|
Pyramidal White Pine (N)
|
40
|
|
Pinus thunbergi
|
Japanese Black Pine
|
90
|
|
Pseudotsuga taxifolia
|
Douglas Fir (N)
|
100
|
|
^Thuja occidentalis 'pyramidalis'
|
Pyramidal Arborvitae (N)
|
15
|
|
^Thuja occidentalis 'Emerald'
|
Emeral Arborvitae (N)
|
15
|
|
Tsuga canadensis
|
Canadian Hemlock (N)
|
90
|
(4)
Deciduous Shrubs.
|
Botanical Name
|
Common Name
|
Height in Feet at Maturity
|
---|
|
Aesculus parviflora
|
Bottlebrush Buckeye (N)
|
12
|
|
Aronia arbutifolia
|
Red Chokeberry (N)
|
8
|
|
Aronia melanocarpa
|
Black Chokeberry (N)
|
8
|
|
Buddleia davidii and cultivars
|
Butterflybush
|
15
|
|
Calycanthus floridus
|
Common Sweetshrub
|
9
|
|
Cephalanthus occidentalis
|
Bottonbush (N)
|
10
|
|
Chaenomeles speciosa
|
Common Flowering Quince
|
10
|
|
Clethra alnifolia and cultivars
|
Summersweet Clethra
|
8
|
|
Cornus alba and cultivars
|
Tatarian Dogwood
|
10
|
|
Cornus amomum
|
Silky Dogwood (N)
|
10
|
|
Cornus racemosa
|
Gray Dogwood (N)
|
15
|
|
Cornus sericea
|
Redosier Dogwood (N)
|
9
|
|
Cotinus coggygria and cultivars
|
Smokebush
|
15
|
|
Fothergilla major
|
Large Fothergilla (N)
|
10
|
|
Hamamelis virginiana
|
Common Witchazel (N)
|
20
|
|
Hydrangea quercifolia
|
Oakleaf Hydrangea (N)
|
6
|
|
Ilex verticillata
|
Common Winterberry (N)
|
10
|
|
Itea virginica
|
Virgina Sweetspire (N)
|
6
|
|
Lindera benzoin
|
Spicebush (N)
|
10
|
|
Myrica pennsylvanica
|
Northern Bayberry (N)
|
12
|
|
Philadelphus virginalis
|
Sweet Mockorange
|
12
|
|
Physocarpus opulifolius
|
Common Ninebark (N)
|
9
|
|
Sambucus canadensis
|
American Elder (N)
|
12
|
|
Spiraea x vanhouttei
|
Van Houtte Spiraea
|
10
|
|
Symphoticarpos albus
|
Common Snowberry (N)
|
6
|
|
Syringa vulgaris and hybrids
|
Common Lilac
|
15
|
|
Vaccinum corymbosum
|
Highbush Blueberry (N)
|
12
|
|
Viburnum acerifolium
|
Mapleleaf Viburnum (N)
|
6
|
|
Viburnum carlesii
|
Korean Spice Viburnum
|
5
|
|
Viburnum dentatum
|
Arrow Wood Viburnum (N)
|
12
|
|
Viburnum dilataum and cultivars
|
Linden Viburnum
|
6
|
|
Viburnum lentago
|
Nannyberry Viburnum (N)
|
18
|
|
Viburnum plicatum tomentosum
|
Doublefile Viburnum
|
8
|
|
Viburnum prunifolium
|
Black Haw Viburnum (N)
|
15
|
|
Viburnum trilobum and cultivars
|
American Cranberrybush (N)
|
12
|
(5)
Evergreen Shrubs.
|
Botanical Name
|
Common Name
|
Height in Feet at Maturity
|
---|
|
Chamaecyparis pisifera 'Boulevard'
|
Boulevard False Cypress
|
12
|
|
Ilex glabra
|
Inkberry (N)
|
8
|
|
Juniperus chinensis shrub cultivars
|
Chinese Juniper
|
3-15
|
|
Kalmia latifolia
|
Mountain Laurel (N)
|
15
|
|
Leucothoe fontanesiana
|
Drooping Leucothoe (N)
|
6
|
|
Picea glauca 'conica'
|
Dwarf Alberta Spruce
|
10
|
|
Pieris floribunda
|
Mountian Pieris (N)
|
6
|
|
Pinus mugo
|
Mugho Pine
|
6
|
|
Rhododendron catawbiense & cultivars
|
Catawba Rhododenron (N)
|
10
|
|
Rhododendron 'P.J.M.'
|
and cultivars P.J.M. Rhododendrons
|
6
|
|
Taxus x media and cultivars
|
Yew 3-12
|
|
|
Thuja occidentalis 'Techny'
|
Mission Arborvitae
|
8
|
|
Note: Upon approval by Cumberland Township other landscaping
types may be permitted.
|
|
(N) Indicates a 'Native' species to the continental
United States.
|
|
^ - Acceptable tree for under electric lines and restricted
spaces
|
|
* Acceptable Street Tree
|
[Ord. 07-117, 11/13/2007, § 415]
1. The purpose of this section is to implement requirements relating
to dedication of land from new development to provide needed park
and recreation opportunities as outlined in Article V, § 503(11)
of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10503(11).
A. General Requirements. This section applies to proposals that would
create new residential development in excess of 10 or more lots or
dwelling units and to nonresidential development in excess of 10 acres
or more.
B. Standards for Compensation.
(1)
The proportion of the development to be dedicated to the Township
for park and recreation purposes shall be no less than 0.10 acres
per lot or dwelling unit, or a fee of $1,000 per lot or dwelling unit,
which ever is more for residential development.
(2)
Nonresidential development shall dedicate no less than 0.05
acres per 1,000 square feet of building floor area, or a fee of $500
for per 1,000 square feet of building floor area.
(3)
Acceptable dedicated land as outlined in Subsection 1E shall
be dedicated to the Township for parks and recreation opportunities.
A fee as outlined above may be paid in lieu of the standard land dedication
amount. Alternatives to dedication of land will be considered by the
Township as outlined in Subsection 1H.
(4)
The Township will have the ultimate right to decide on dedicated
land or fee compensation on a site by site basis upon hearing recommendations
from the Planning Commission and the Park, Recreation, and Open Space
Committee.
(5)
Standards for compensation may be increased in the future by
resolution.
C. Park and Recreation Facilities and Accessibility. Dedicated land
or fees, or combination thereof, shall be used for the purpose of
providing park or recreation facilities accessible to the development.
Accessible facilities to the development shall be located within the
park and recreation district of the Township from which the development
site is located. Park and recreation districts designated by the Township
shall be determined by resolution and depicted on the Cumberland Township
Park and Recreation Districts Map.
D. Formally Adopted Recreation Plan. The Township has formerly adopted
by Resolution 02-12, the "Adams County Vision for Parks, Recreation,
and Open Space" plan, as the Cumberland Township Parks, Recreation,
and Open Space Plan. The Township may amend this plan by Resolution
as needed in the future to fulfill the park, recreation, and open
space goals of the Township.
E. Acceptable Dedicated Land. The land to be dedicated must be free
of any construction debris and comply with the following requirements
and restrictions:
(1)
Land shall not be located within any floodway.
(2)
Land shall not include more than 10% wetlands or hydric soils.
(3)
Land shall not have slopes greater than 8%.
(4)
Land shall not be located in any existing or proposed stormwater
management facility.
(5)
Land shall not include areas with any environmental, health,
or safety concern.
(6)
Land shall have at least one vehicle access area that is a minimum
of 20 feet in width.
(7)
Land shall not be a part of any other ordinance requirement
relating to setbacks, buffers, and/or open space and greenways.
|
Acceptable dedicated land outside of the project site but within
the park and recreation district of the project site is allowed on
a case by case basis by the Township.
|
F. Processing of Fees. All fee compensations, upon receipt will be deposited
in an interest-bearing account, clearly identifying the specific district
from which the fee was received. All fees must be paid prior to approval
of "final" plan. If the development is a subdivision with "preliminary"
approval, then only fees for each phase which has obtained "final"
approval would be required to be paid to the Township.
(1)
If a developer chooses to pay such fees in phases, then such
fees shall not have been considered to be fully paid for the purpose
of establishing the time limit as outlined in § 503(11)(vii)
of the Municipalities Planning Code, 53 P.S. § 10503(11)(vii),
until payment of all phases of the development have been paid to the
Township.
(2)
Funds from such accounts shall be expended only in properly
allocable portions of the cost incurred to construct the specific
recreation facilities for which the funds were collected.
(3)
Up to 25% of the fees collected within any park and recreation
district can be utilized for a regional or community wide project
located fully or partially within the Township.
G. Failure to Utilize Fees. Upon request of any person who paid any
fee under this section, the Township shall refund such fee, plus interest
accumulated thereon from the date of payment, if the Township had
failed to utilize the fee paid for the purpose set forth in this section
within three years from the date such fee.
H. Alternatives to Dedication. The developer may use one of the following
alternatives or a combination of alternatives in lieu of land dedication,
provided the Township approves of such alternatives:
(1)
Paying a fee in lieu of dedication of land as outline in Subsection
1B above.
(2)
The construction of new and/or improved existing recreation
facilities located within the same park and recreation district as
the development site. Such facilities shall have public access and
be privately maintained upon approval by the Cumberland Township Park,
Recreation, and Open Space Committee. The cost for land and capital
improvements shall be considered equal to fee in lieu of requirements
as outlined in Subsection 1B above.
(3)
Dedication of land or permanent easement to the Township with
a minimum twenty-foot wide public access to the open space and or
greenways will be considered by the Township based on the following
equivalent compensation value:
(a)
Opens space and/or greenways with a minimum width of 50 feet
along or surrounding navigable creeks, streams or other surface water
shall have an equivalent land compensation value of twice (or 200%
of) the actual surface area of the land.
(b)
Open space and/or greenways with a minimum width of 50 feet
that traverse through the property along ridge lines with views or
along any perimeter of the development site shall have an equivalent
land compensation value of twice (or 200% of) the actual surface area
of the land.
(c)
Open space and/or greenways that contain more than 75% tree masses as defined in Part
2 of this chapter, and which traverse along property lines and/or natural features shall have an equivalent land compensation value of twice (or 200% of) the actual surface area of the land.
(d)
Open space and/or greenway lands that possess natural or man-made
features relating to natural resources, cultural and/or historic significance
as determined by the Township shall have an equivalent land compensation
value of twice (or 200% of) the actual surface area of the land.
(4)
Provide a combination of the above items upon approval by the
Township.
|
Note: Such dedication of land or easements relating to open
space and greenways shall be in addition to any other Township ordinance
requirements.
|
2. Recreational Area Design Criteria.
A. Recreational areas shall be undivided by any streets, except where
necessary to provide for proper traffic circulation and then only
upon the recommendation of the Township Engineer and Planning Commission.
B. Recreational areas shall be centrally located and readily accessible
to the areas that they serve.
C. Recreational areas shall be suitably landscaped either by retaining
existing vegetation and wooded areas and/or by a landscaping plan
for enhancing open space areas through plantings which are consistent
and compliment the adjacent area.
D. Recreational areas shall be free of all structures, except those
related to outdoor recreational uses.
E. Recreational areas shall be provided with sufficient perimeter parking
(at discretion of Township) and with safe and convenient access by
adjoining street frontage or other right of way easements capable
of accommodating pedestrian, bicycle, maintenance and vehicle traffic.
F. Recreational areas shall be suitable for active recreational uses
to the extent deemed necessary by the Township, without interfering
with adjacent dwelling units, parking, driveways and roads. Land to
be used for active recreation shall not be in floodplain, on slopes
exceeding 6%, in wetlands, stormwater facilities, or comprised of
surface water.
G. The cost associated with the development of recreational facilities/areas
shall be bonded as in the case of other public improvements bonding.
H. Maintenance responsibilities for recreational facilities/areas that
will not be dedicated to the Township shall be included on the plans.
I. The plans shall indicate the extent of recreational areas and outline
the general layout of proposed recreational facilities.